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COMPILATION  OF  NEW  MEXICO 

SCHOOL  LAWS 


ii 


OF  TT«H 


J.  H.  WAGNER 

Superintendent  of  Putlic  Instruction 
Santa  Fe,  New  Mexico 


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Compilation  of 

SCHOOL  LAWS 

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STATE  of  NEW  MEXICO 


1919 


He-NU     N\cx  I  CO ,       [_  ^MJ  ^)  ^t  at  ote ^3  e-^c , 


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JONATHAN  H.  WAGNER 

State  Superintendent  of  Public  Instruction 


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Compilation  by 
IRA  L.  GRIMSHAW 


^Ufy"  *r  Copyright,   1919, 

VJ   By  New  Mexico  State  Department  of  Education. 


PRESS  OF 

Central  printinq  Company 

ALBUQUERQUE.  N.  M. 


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Xopical  Chart  Diagraming  Contents  of   v  olume 

1.  STATE   DEPARTMENT   OP  EDUCATION.  Page 

1.  State  Board 7-9 

2.  State    Superintendent ••.... 9-12 

3.  Assistant    Superintendent 12 

4.  Vocational    and    Industrial    Education 12-14 

5.  Child    Welfare    Service •  • 14 

2.  STATE   EDUCATIONAL  INSTITUTIONS. 

1.  Provisions   Common   to   More   than    One 15-17 

2.  Provisions  Common  to  University  and  Agricultural  College 17-19 

3.  University    of    New    Mexico^ * 19-21 

4.  Agricultural    College 21-25 

5.  School    of   Mines •  • 25-27 

6.  Military    Institute 27-29 

7.  Normal     Schools-  • 29-31 

8.  Deaf  and  Dumb  Asylum 31-33 

9.  Institute  for  the  Blind ♦ 33 

3.  RURAL  SCHOOLS  AND  DISTRICTS. 

1.  County    Boards    of    Education 34-38 

2.  County    School    Superintendents 38-40 

3.  School    Directors 40-41 

4.  County    High    Schools •  • 42-43 

5.  Houses  and    Bonds 43-46 

4.  MUNICIPAL  SCHOOLS  AND  DISTRICTS. 

1.  Provisions  Common   to   Cities,    towns   and   Villages 47-48 

2.  Cities 49 

3.  Cities   and    Towns.  .  .  •  • 49-51 

4.  Towns  and   Villages 51-52 

5.  SCHOOL  PROPERTY,   FINANCE  AND   MISCELLANEOUS   PROVISIONS, 

1.  Property 53-55 

2.  Taxation 55-57 

3.  Funds .  • 57-62 

4.  Miscellaneous •  • 62-65 

6.  TEACHERS. 

1.  Qualifications  and   Compensation.  .  .  .  •  • 66-68 

2.  Institutes •  • 68-69 

3.  Student    Teachers 69-71 

7.  SCHOOL  ATTENDANCE. 

1.  Right    of-.    72 

2.  Compulsory 72-75 

8.  NIGHT  AND  CORRESPONDENCE  SCHOOLS. 

1.  ^ight- 76 

2.  Correspondence    Schools 76-77 

9.  HOLIDAYS   AND    SPECIAL    DAYS 78 

10.      SPANISH  LANGUAGE 70 


'  A  t\  n  cr  f 


CHAPTER  1. 

STATE  DEPARTMENT  OF  EDUCATION 

Art.    1.  State  Board   of  Education.      (Pages    7-9). 

Art.   2.  State  Superintendent  of  Public  Instruction.      (Pages  9-12). 

Art.    3.  Assistant    Superintendent   of   Public   Instruction.       (Page   12). 

Art.   4.  Vocational   and   Industrial   Education.      (Pages    12-14). 

Art.   5.  Child  Welfare   Service.      (Page   14). 

STATE  BOARD  OF  EDUCATION. 
(ARTICLE  I.) 

(  1  )  Creation. 

(  2  )  Appointment;   terms. 

(  3  )  Meetings;  Pres.  pro  tem. 

(  4  )  Compensation. 

(  5  )  Appropriations. 

(  6  )  Powers,  general. 

(  7  )  Teachers'   certificates. 

(  8  )  Teachers'   certificates. 

(  9  )  Repeal. 

(10)  Teachers'   certificates. 

(11)  Text  books. 

(12)  Business  colleges. 

(13)  Domestic  science  and  manual  training 

(1)  Constitutional  creation. 

A  State  Board  of  Education  is  hereby  created,  to  consist  of  seven  members.  It  shall 
have  the  control,  management 'and  direction  of  all  public  schools,  under  such  regulations 
as  may  be  provided  by  law.  The  Governor  and  the  State  Superintendent  of  Public  In- 
struction shall  be  ex-officio  members  of  said  board  and  the  remaining  five  members  shall 
be  appointed  by  the  Governor,  by  and  with  the  consent  of  the  Senate;  and  shall  include 
the  head  of  some  State  educational  institution,  a  county  superintendent  of  schools,  and 
one  other  person  actually  connected  with  educational  work.  The  Legislature  may  provide 
for  district  or  other  school  officers,  subordinate  to  said  board. 

(Sec.  6,  Art.   12,   State  Constitution.) 

(2)  Appointment,  terms. 

That  Section  4808,  Code  1915,  be  and  it  hereby  is  amended  so  as  to  read  as  follows: 
That  from  and  after  January  1st,  1921,  three  members  of  the  State  Board  of  Education 
shall  be  appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 
for  a  term  of  four  years  and  two  for  a  term  of  two  years  and  until  their  successoral  are 
appointed  and  qualified,  and  thereafter  every  two  years  the  Governor  shall  appoint  two 
or  three  members  to  said  board  as  the  case  may  be,  to  hold  office  for  a  term  of  four  years 
and  until  their  successors  are  appointed  and  qualified. 

(Sec.  44,  C.  105,  L.  1917.) 

(3)  Meetings,  Pres.  pro  tem. 

Sec.  2.  That  said  board  shall  meet  at  the  oflEice  of  the  Superintendent  of  Public  In- 
struction four  times  per  year,  at  such  times  as  it  may  elect,  and  upon  call  of  the  Governor, 
or  a  majority  of  its  members  at  such  other  times  as  the  business  of  the  board  may  require. 
The  Governor  shall  be  president  of  said  board  but  in  his  absence  some  other  member  of 
the  board  may  be  chosen  as  president  pro  tempore. 

(C.  82,  L.  1915.) 

(4)  Compensation. 

Sec.  3.  That  the  appointive  members  of  said  board  shall  receive  five  cents  per  mile 
for  each  mile  actually  and  necessarily  traveled  by  them  from  and  to  their  respective  place 
of  residence  for  the  purpose  of  attending  each  meeting  of  the  board,  and  five  dollars  per 
day  for  each  day  of  actual  and  necessary  attendance  upon  such  meetings,  and  upon  the 
filing  with  the  Stat§  Auditor  of  verified  accounts  therefor,  same  shall  be  paid  out  of  the 
interest  on  deposits  fund  upon  warrants  drawn  by  said  State  Auditor  upon  the  State 
Treasurer. 

(C.  82,  L.  1915.) 

(5)  Appropriations. 

Eighth  and  ninth  fiscal  years. 
Per  diem  and  traveling  expenses $1,000 

(S.  B.  75,  L.  1919.) 


8  '  c        .  SCHOOL  ATTENDANCE 

(6)  §  4809.    General  Powers. 

Sec.  3.  The  State  Board  of  Education  shall  have  power  to  grant,  renew  and  revoke 
teachers'  certificates,  to  adopt  a  series  of  text  books  and  a  uniform  course  of  study  for  the 
various  public  schools  of  the  State,  to  exercise  a  general  control  over  teachers'  institutes, 
and  to  perforin  such  other  duties  pertaining  to  matters  of  education  as  may  be  provided 
by  law. 

(L.  1907,  C.  97.  §2.) 

(7)  State  Elementary  Teachers'  Certificates. 

The  State  Board  of  Education  is  hereby  empowered  to  issue  three  grades  of  elementary 
teachers'  certificates,  to  be  known  as  first  grade,  second  grade  and  third  grade,  respectively. 
The  certificates  shall  be  issued  by  said  Board  of  Education  upon  examination  in  such 
subjects  as  it  may  elect,  or  upon  the  applicants  presenting  grades  in  the  subjects  as  re- 
quired by  said  board  from  any  of  the  educational  institutions  of  the  state.  The  said 
examination  shall  be  held  at  such  times,  at  such  places,  and. in  such  manner  as  said  board 
deems  most  expedient.  The  examination  for  elementary  teachers'  certificates  shall  be 
conducted  by  the  county  superintendent  under  such  rules  and  regulations  as  such  Board 
of  Education  may  prescribe.  Upon  the  close  of  the  examination  the  county  superintend- 
ent shall  forward  the  papers  of  the  applicant  to  the  superintendent  of  public  instruction, 
who  shall  grade  them,  or  cause  them  to  be  graded.  The  superintendent  of  public  instruc- 
tion is  hereby  authorized  to  employ  such  person  or  persons  to  assist  him  in  grading  the 
papers  of  applicants  as  he  may  judge  competent.  To  pay  the  service  of  such  person  or 
persons  twelve  hundred  ($1200.00)  dollars  is  hereby  set  aside  annually,  or  so  much  thereof 
as  is  necessary,  out  of  any  funds  not  otherwise  appropriated.  The  State  Auditor  shall 
pay  such  persons  for  their  services  upon  presenting  receipted  bills  approved  by  the  Super- 
intendent of  Public  Instruction.  Holders  of  elementary  certificates  shall  be  entitled  to 
teach  in  any  school  district,  independent  district,  incorporated  town,  city  or  village  of  the 
State.  A  third  grade  certificate  entitles  the  holder  thereof  to  teach  for  one  year^  second 
grade  two  years,  and  the  first  grade  three  years,  respectively.  All  certificates  shall  be  void 
at  the  expiration  of  the  term  for  which  they  were  issued,  but  such  certificates  excepting 
third  grade  certificates  may  be  renewed  under  regulations  as  the  State  Board  shall  adopt. 
Teachers  in  incorpoated  towns  and  villages  must  secure  their  certificates  in  accordance 
with  the  provisions  of  this  act,  but  boards  of  education  of  incorporated  cities  may  issue 
teachers'  certificates  for  such  period  of  time  and  under  such  regulations  as  they  may 
prescribe,  but  such  certificates  shall  be  valid  only  in  the  city  whose  board  issues  them. 

(§1,  C.  81,  L.  1915.) 

(8)  State  Professional  Teachers*  Certificates. 

The  State  Board  of  Education  is  hereby  authorized  to  issue  state  teachers'  professional 
certificates  to  persons  whom  it  may  deem  qualified  by  reason  of  moral  character,  academic 
scholarship,  knowledge  of  the  theory  and  art  of  teaching  and  actual  practice  in  teaching. 
Holders  of  the  certificates  who  possess  a  certificate  of  attendance  upon  some  county  normal 
institute  or  summer  school  as  herein  provided  by  law,  shall  be  entitled,  without  further 
examination,  to  teach  in  any  of  the  public  schools  of  New  Mexico  for  the  period  of  time 
designated  therein. 

The  State  Board  of  Education  is  hereby  empowered  to  officially  endorse  teachers' 
certificates  granted  in  states  and  other  territories,  under  such  rules  as  it  may  prescribe; 
and  to  grant  certificates  of  the  first,  second  and  third  grade  to  persons  who  have  com- 
pleted specified  courses,  approved  by  the  State  Board  of  Education,  in  New  Mexico  State 
educational  institutions  or  other  schools  designated  by  said  board;  Provided,  That  upon 
graduation  from  St.  Michael's  College,  located  at  Santa  Fe,  the  holder  of  a  diploma  from 
the  full  course  of  study  given  by  said  institution  shall  be  entitled  to  an  elementary  first 
grade  certificate,  which  shall  be  recognized  in  all  counties  of  the  state  as  a  legal  certificate 
for  the  period  of  time  designated  therein. 

The  State  Board  of  Education  shall  have  power  to  issue  special  certificates  to  teachers 
of  drawing,  music,  kindergarten  or  primary  subjects^  agriculture,  manual  training,  domestic 
science  and  commercial  branches  in  the  common  or  public  graded  or  high  schools  of  the 
state,  under  such  regulations  as  the  State  Board  of  Education  may  adopt. 

(§2,  c.  81,  L.  1915.) 

(9)  Repeal. 

Sections  3  and  4  of  Chapter  97  of  the  Laws  of  1907  ($4810,  $4811)  and  all  other  acts 
and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

(§3,  C.  81,  L.  1917.) 

(10)  §  4814.    Bevoking  certificates. 

Sec.  8.  The  State  Board  of  Education  is  hereby  empowered  to  revoke  certificates  of 
conductors  and  instructors  of  teachers'  institutes.  State  teachers'  professional  certificates, 


SCHOOLS  AND  SCHOOL  DISTRICTS  9 

county  teachers'  certificates,  and  city  teachers'  certificates  issued  by  boards  of  education, 
for  incompetency,  immorality  of  the  holder,  or  for  any  cause  that  should  have  withheld 
the  issue  of  such  certificate;  Provided,  That  in  each  case  the  accused  shall  be  allowed  a  full 
and  fair  hearing  at  which  he  may  be  privileged  to  employ  the  services  of  counsel. 

(L.  1907,  C,  97,  §7.) 

(11)  §  4816.     Text  books. 

Sec.  10.  The  State  Board  of  Education  shall  have,  and  is  hereby  vested  with  full 
power  to  adopt  a  system  of  school  books  for  the  use  of  the  public  schools  of  the  State,  and 
only  the  school  books  so  adopted  by  said  Board  shall  be  used  in  any  of  the  first  eight 
grades  of  the  public  schools  of  this  State.  The  Board  of  Education  shall  have  power  to 
contract  with  the  publisher  or  publishers  of  text  books  adopted  for  use  in  the  public 
schools  of  New  Mexico,  in  the  name  of  the  State  and  through  the  Superintendent  of  Public 
Instruction  for  the  purchase  and  delivery  of  said  books  under  such  regulations  as  the  Board 
may  adopt. 

If  the  State  Board  of  Education,  the  Superintendent  of  Public  Instruction,  any  county 
superintendent,  or  any  board  of  school  directors,  or  board  of  education  in  this  State  shall 
knowingly  permit,  in  any  of  the  first  eight  grades  of  the  public  schools  of  this  State,  the 
use  of  any  text  book  or  books  other  than  such  as  are  adopted  by  the  State  Board  of  Edu- 
cation, upon  conviction  thereof,  the  person  or  persons  convicted  shall  be  punished  by  a  fine 
of  not  less  than  ten  ($10.00)  dollars  nor  more  than  one  hundred  ($100.00)  dollars;  Provided, 
That  nothing  herein  contained  shall  prevent  the  use  of  text  books,  approved  by  the  State 
Board  of  Education  or  the  Superintendent  of  Public  Instruction,  supplementary  to  the 
regularly  adopted  text  books. 

(L.  1907,  C.  97,  §9.) 

(12)  §  4817.    Business  colleges,  powers  of  board. 

Sec.  11.  That  the  State  Board  of  Education  be  and  the  same  is  hereby  authorized  and 
empowered  to  adopt  a  standard  of  efficiency  for  business  colleges  and  commercial  depart- 
ments of  other  schools,  to  issue  certificates  of  recognition  to  such  schools  as  meet  the 
required  standard  and  to  issue  permits  as  hereinafter  pro.vided. 

(L.  1913,  C.  77,   §1.) 

(13)  §  4818.    Domestic  science  and  manual  training. 

Sec.  12.  That  the  State  Board  of  Education  is  hereby  empowered  to  prescribe  and 
adopt  a  course  of  study  in  industrial  education,  including  domestic  science,  manual  training 
and  agriculture,  and  make  such  necessary  rules  and  regulations  for  its  teaching  in  the 
public  schools.  In  the  preparation  of  the  institute  manuals  for  the  coming  year,  the  State 
Board  of  Education  may  include  a  course  of  study  in  industrial  education  and  may  require 
all  teachers  attending  county  institutes  and  summer  normal  schools  to  pass  an  examination 
in  one  or  more  of  the  branches  of  industrial  education. 

(L.  1912,  C.  52,   §1.) 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION.  ^ 

(ARTICLE  2.) 

(  1  )  Constitutional  creation ;   terms,  residence. 

(  2  )  Office;  evidence. 

(  3  )  Eligibility. 

(  4  )  Compensation. 

(  5  )  Appropriations. 

(  6  )  Appropriations. 

(  7  )  General  powers  and  duties. 

(  8  )  Secretary  State  Board. 

(  9  )  Rural  schools;  traveling  expenses. 

(10)  Permits. 

(11)  School  law;  Lincoln  Day. 

(12)  School  law;  compilation. 

(13)  School  law;  payment. 

(14)  School  law;  distribution. 

(15)  Annual  reports. 

(16)  Annual  reports.  , 

(1)     Constitutional  creation,  term,  residence. 

The  executive  department  shall  consist  of  a  Governor,  Lieutenant  Governor,  Secretary 
of  State,  State  Auditor,  State  Treasurer,  Attorney  General,  Superintendent  of  Public  In- 
struction and  Commissioner  of  Public  Lands,  who  shall  be  elected  for  a  term  of  two  years 
beginning  on  the  first  day  of  January  next  after  their  election.  Such  officers  shall,  after 
having  served  two  consecutive  terms,  be  ineligible  to  hold  any  state  office  for  two  years 
thereafter. 

The  officers  of  the  executive  department,  except  the  Lieutenant  Governor,  shall  during 


10  SCHOOLS  AND  SCHOOL  DISTRICTS 

their  terms  of  office,  reside  and  keep  the  public  records,  books,  papers  and  seals  of  office 
at  the  seat  of  government. 

(§1,  Art.  5,  State  Constitution.) 

(2)  §4828.     Office,  evidence. 

Sec.  22.  The  office  of  the  superintendent  of  public  instruction  shall  be  at  the  seat  of 
government  where  shall  be  kept  all  books  and  papers  pertaining  to  the  business  of  his 
office,  and  copies  of  all  papers  filed.  His  official  acts  may  be  certified  by  him,  and  when 
so  certified  to  shall  be  received  in  the  courtsi  of,  or  elsewhere  in.  New  Mexico,  as  evidence 
equally  and  in  like  manner  as  the  original  papers,  and  he  shall  deliver  to  his  successor 
within  ten  days  after  the  expiration  of  his  term,  all  books,  papers,  documents  and  other 
property  belonging  to  his  office. 

(L.  1907,  C.  97,  §17.) 

(3)  EUgibility. 

(Must  be  a  citizen  of  U.  S.,  at  least  thirty  years  of  age,  continuously  resided  in  New 
Mexico  for  five  years  next  preceding  election  and  a  trained  and  experienced  educator.) 

(§3,  Art.  5,  State  Constitution.) 

(4)  Compensation. 

(Superintendent  of  Public  Instruction,  $3,000  per  annum.) 
(§12,  Art.  5,  State  Constitution.) 

(5)  Appropriations. 

For  eighth  and  ninth  fiscal  years,  respectively: 

Superintendent     $  3,000 

Chief    Clerk    1,800 

Clerk    1,500 

Stenographer  . 1,200 

Contingent  and  traveling  expenses  of  Superintendent,  Assistant  and  Indus- 
trial Director 11,000 

G-rading  examination  papers 2,400 

(S.  B.  75,  L.  1919.) 

(6)  Appropriations,  deficiencies. 
Available  for  seventh  fiscal  year. 

Grading    papers $1,200 

Printing  and  compiling  school  laws 2,500 

Office  contingent   and   traveling  expenses  of  Superintendent   and  Industrial 

Director   1,000 

Stenographer   1,000 

(S.  B.  75,  L.  1919.) 

(7)  §  4822.    General  powers  and  duties. 

Sec.  16.  The  Superintendent  of  Public  Instruction  shall  have  general  supervision  of 
public  education,  and  it  shall  be  his  duty  to  visit  the  State  educational  institutions  and 
to  meet  with  governoring  boards  of  said  institutions  at  least  once  in  each  year.  He  shall 
have  supervision  over  rural  schools,  acting  through  the  county  superintendents,  who  shall 
be  responsible  to  the  Superintendent  of  Public  Instruction  for  faithful  performance  of 
their  duty.  He  shall  have  such  general  supervision  over  city,  town,  and  village  schools 
as  shall  be  necessary  in  harmonizing  and  systematizing  reports,  and  in  securing  uniform 
operation  of  the  public  school  system.  He  is  vested  with  general  supervision  over  the 
official  records  and  accounts  of  any  school  district,  independent  district,  or  those  of  any 
incorporated  city,  town,  or  village,  and  may  require  correction  thereof,  when  necessary, 
personally,  or  he  may  delegate  this  power  to  the  county  superintendent.  He  may  suspend 
the  county  superintendent  and  institute,  or  cause  to  be  instituted,  proceedings  in  a  court 
of  competent  jurisdiction  for  the  purpose  of  bringing  about  the  removal  of  said  county 
superintendent  in  the  manner  prescribed  by  law,  wnen  he  shall  be  satisfied  from  sufficient 
evidence  submitted  to  him  that  said  county  superintendent  does  not  possess  the  qualifica- 
tions required  or  perform  his  duties  as  prescribed  by  the  State  Board  of  Education. 

The  Superintendent  of  Public  Instruction  shall,  at  the  request  of  any  county  school 
superintendent  or  other  school  officer,  give  his  opinion  upon  a  written  statement  of  the 
facts  on  any  question  of  controversy  arising  out  of  the  interpretation  and  construction  of 
school  laws  and  shall  keep  a  record  of  all  such  decisions. 

Upon  giving  any  such  opinion  the  Superintendent  may  submit  the  statement  of  facts  to 
the  Attorney  General  for  his  advice  thereon.     It  shall  be  the  duty  of  the  Attorney  Gen- 


SCHOOLS  AND  SCHOOL  DISTRICTS  11 

eral  fortiiwitli  to  examine  sucli  statements   and   suggest  the  proper   decision   to   be  made 
upon  such  facts. 

(L  1909,  C.  121,  §6.) 

(8)  §4826.     Secretary  of  the  State  board  of  education. 

Sec.  20.  The  Superintendent  of  Public  Instruction  shall  be  secretary  of  the  State 
Board  of  Education  and  shall  keep  faithful  and  correct  records  of  its  proceedings,  which 
records  shall  be  kept  open  at  all  times  for  inspection.  A  copy  of  said  record,  certified  by 
the  secretary  of  the  Board,  shall  in  all  cases  be  received  as  evidence  in  the  courts  of, 
or  elsewhere  in.  New  Mexico. 

(L.   1907,   C.   97,    §15. 

(9)  §  4823.    Visit  rural  schools,  traveling  expenses. 

Sec.  17.  It  shall  be  the  duty  of  the  Superintendent  of  Public  Instruction  to  visit  each 
county,  as  often  as  consistent  with  the  discharge  of  his  other  duties,  for  the  purpose  of 
holding  teachers'  meetings,  advising  with  county  superintendents  and  school  directors,  and 
awakening  an  interest  in  the  xjause  of  education  throughout  the  State.  To  this  end  an 
annual  appropriation  of  seven  hundred  ($700.00)  dollars,  or  such  a  part  thereof  as  may  be 
required,  is  made  for  traveling  expenses,  payable  on  presentation  of  certified  vouchers  and 
warrants  drawn  by  the  Auditor  upon  the  State  Treasurer.  Said  traveling  expenses  may 
be  incurred  by  the  Assistant  Superintendent  when  acting  under  the  direction  of  the  Su- 
perintendent of  Public  Instruction.  Said  Superintendent  shall  file  and  carefully  preserve 
in  his  office  the  official  reports  made  to  him  by  the  county  superintendents  of  the  several 
counties,  heads  of  the  State  educational  institutions,  and  by  trustees  and  directors  of  all 
schools  of  whatever  nature  within  the  State. 

(L.  1907,  C.  97,   §12.) 

(For  traveling  expen.ses,   see  also  herein,    "Appropriations,"   page  10.) 

(10)  §  4812.     Temporary  permits  to  teach. 

Sec.  6.  The  Superintendent  of  Public  Instruction  is  hereby  authorized  to  issue, 
pending  the  regular  examination  of  teachers,  permits  to  teach  in  the  public  schools  of  the 
State,  to  persons  whose  credentials  as  to  ability  and  experience  in  teaching  properly  certi- 
fied to  are  deemed  sufficient  to  meet  the  requirements  of  the  law,  and  such  temporary  per- 
mits shall  expire  upon  the  first  day  of  the  next  succeeding  examination  of  teachers.  County 
school  superintendents  shall  have  like  authority  in  their  respective  counties,  and  certifi- 
cates so  issued  by  county  school  superintendents  shall  be  good  only  in  the  county  where 
issued,  and  shall  not  be  issued  twice  in  succession  to  the  same  person,  and  shall  expire  at 
the  next  examination  of  teachers  in  the  said  county. 

(L.  1907,  C.  97,   §5.) 

(11)  §4824.    Blanks,  school  law,  Lincoln  Day  program. 

Sec.  18.  Said  Superintendent  shall  prescribe  and  cause  to  be  prepared  in  English  and 
Spanish  all  forms  and  blanks  necessary  in  carrying  out  the  details  of  the  common  school 
system,  so  as  to  secure  its  uniform  operation  throughout  the  State,  and  cause  the  same  to 
be  forwarded  to  the  several  county  superintendents  to  be  by  them  distributed  to  the 
several  persons  entitled  to  receive  the  same.  He  shall  cause  to  be  published,  as  needed,  as 
many  copies  of  the  school  laws  in  force,  with  such  forms,  decisions,  annotations,  regula- 
tions, and  instructions  as  he  may  judge  expedient  thereto  annexed,  and  shall  cause  the 
same  to  be  forwarded  to  the  county  superintendent  for  distribution.  It  shall  be  the  duty 
of  the  Superintendent  of  Public  Instruction  to  prepare  a  program  of  patriotic  exercises  for 
the  proper  observance  of  Lincoln  Day,  and  to  furnish  printed  copies  of  the  same  to  the 
school  directors  and  boards  of  education  of  various  districts,  cities,  towns  and  villages,  at 
least  four  weeks  previous  to  the  twelfth  day  of  February  in  each  year;  he  shall  also  pre- 
pare for  the  use  of  the  school  a  printed  program  providing  for  a  uniform  salute  to  the  flag. 

(L  1909,  C.  121,  §7.) 

(12)  §4829.     Compilation  of  school  laws — Biennial. 

Sec.  23.  That  the  superintendent  of  public  instruction  shall  cause  to  have  compiled, 
and  biennially,  shall  cause  to  have  printed  two  thousand  copies  in  English  and  two 
thousand  in  Spanish,  in  pamphlet  form,  of  all  existing  school  laws  of  the  State  of  New 
Mexico,  and  after  each  Legislature,  if  any  laws  shall  have  been  enacted  pertaining  to 
schools  he  shall,  in  the  first  issue  of  said  pamphlets,  thereafter,  include  any  school  laws 
that  may  have  been  enacted  by  any  such  future  legislature.  In  the.  meaning  of  this  section 
such  pamphlets  shall  embrace  all  such  school  laws  in  one  copy. 

(L.  1903,  C.  28,  §1.) 

(13)  §4830.     Compilation  of  school  laws — Payment. 

Sec.  24.     The  compilation,  printing  and  distribution  of  the  pamphlets  referred  to  in 


12  SCHOOLS  AND  SCHOOL  DISTRICTS 

the  preceding  section  sliall  be  paid  for  from  any  funds  in  the  hands  of  the  State  treasurer 
arising  from  the  rental  or  leasing  of  the  common  school  lands,  and  for  this  purpose  the 
State  auditor  is  hereby  directed  and  required  to  draw  an  order  on  the  State  treasurer  in 
favor  of  the  superintendent  of  public  instruction  for  a  sum  not  exceeding  twelve  hundred 
and  fifty  dollars  ($1,250.00);  Provided,  that  such  printing  and  binding  shall  be  let  to  the 
lowest  responsible  bidder. 

(L.  1909,  C.  121,   §2.) 

(See  also   "Appropriations,"  page  10.) 

(14)  §4831.     Compilation  of  school  laws — Distribution. 

Sec.  25.  It  shall  be  the  duty  of  the  superintendent  of  public  instruction,  before  the 
first  day  of  August  of  each  year,  to  forward  a  sufficient  number  of  such  pamphlets  of 
compiled  school  laws  to  the  county  superintendent  of  schools  of  the  several  counties  of  the 
State  of  New  Mexico.  It  shall  be  the  duty  of  the  county  superintendent  to  place  a  copy  of 
said  pamphlets  in  the  hands  of  the  chairman  of  the  directors  of  public  schools  in  each  and 
every  district  of  said  county. 

(L.  1903,  C.  28,  §3.) 

(15)  Annual  reports. 

Each  officer  of  the  executive  department  *  *  *  shall  keep  an  account  of  all  moneys 
received  by  him  and  make  reports  thereof  to  the  governor  under  oath,  annually,  and  at  such 
other  times  as  the  governor  may  require,  and  shall,  at  least  thirty  days  preceding  each 
regular  session  of  the  legislature,  make  a  full  and  complete  report  to  the  governor,  who 
shall  transmit  the  same  to  the  legislature. 

(§9,  Art.  5,  State  Constitution.) 

(16)  §  4825.     Annual  report. 

Sec.  19.  The  superintendent  shall  prepare  and  cause  to  be  published  annually  a  report 
of  all  the  common  schools,  academies,  normal  schools,  colleges,  private  and  sectarian 
schools  in  the  state,  which  report  shall  indicate  the  number  and  sex  of  all  persons  enrolled 
in  the  several  schools;  the  value  of  the  school  property,  and  such  other  facts  as  he  may 
deem  expedient;  the  same  to  be  drawn  from  the  reports  of  the  county  superintendents  and 
from  the  reports  of  school  boards,  boards  of  regents,  and  boards  of  trustees  of  the  several 
institutions. 

(L.  1907,  C.  97,  §14.) 

ASSISTANT  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 
(ARTICLE  3.) 

(1)  Appointment;   qualifications,  salary. 

(2)  Appropriation. 

(3)  Appropriation. 

(1)  §  4827.     Assistant)  superintendent  salary. 

Sec.  21.  The  superintendent  of  public  instruction  is  empowered  to  appoint  an 
assistant  superintendent  of  public  instruction,  who  shall  be  thoroughly  conversant  with 
the  Spanish  and  English  languages,  and  to  revoke  such  appointment  at  his  discretion,  and 
such  assistant  shall'take  the  oath  of  office  as  provided  by  law,  which,  with  his  appointment, 
shall  be  filed  with  the  Secretary  of  State.  Said  assistant  shall  receive  a  salary  not  to 
exceed  fifteen  hundred  ($1500.00)  dollars  per  annum,  payable  in  like  manner  as  is  provided 
for  the  payment  of  the  salary  of  the  superintendent  of  public  instruction. 

(L.  1907,  C.  97,  816.) 

(2)  Appropriations. 

Eighth  and  Ninth  Fiscal  years,  $2,250.00  each  year. 

(S.  B.  75,  L.  1919.) 

(3) — Appropriations. 

Deficiency  available  for  7th  fiscal  year.    iSaJary  $160.00. 
(S.  B.  75.  L.   1919.) 

VOCATIONAL   AND  INDUSTRIAL  EDUCATION. 
(ARTICLE  4.) 

(1)  Director  Industrial  Education;  appointment,  duties. 

(2)  Director;  compensation. 

(3)  Director;  appropriation. 

(4)  Director;  traveling  e.xpen8eB. 

(5)  Acceptance  Congressional  Act.     Vocational  education.' 

(6")  State  Board,  cooperation.  * 

(7)  Funds;  administration. 

(8)  Appropriations.  ^    ., 

(9)  Levy  of  taxes. 


SCHOOLS  AND  SCHOOL  DISTRICTS  13 

(1)  §  4819.     State  director  of  industrial  education — Appointment — Duties. 

Sec.  13.  That  the  State  Superintendent  of  Public  Instruction  is  hereby  empowered 
and  directed  to  appoint  a  State  Director  of  Industrial  Education,  who  shall  be  proficient 
in  the  several  branches  of  such  education,  and  who  shall,  under  the  direction  and  supervision 
of  the  State  Superintendent,  have  the  general  charge  of  the  introduction  and  keeping  of 
industrial  education  in  such  of  its  branches  and  in  such  of  the  public  schools  of  the  state 
as  shall  be  deemed  advisable  by  the  State  Superintendent  and  the  said  Director  of  Industrial 
Education,  and  the  said  Director  shall  perform  such  other  duties  as  may  be  prescribed  by 
the  State  Superintendent. 

(Act  of  June  10,  1912;  L.  1912,  C.  52,  §2.) 

(2)  §  4820.     State  director  of  industrial  education — Compensation. 

Sec.  14.  That  said  Director  of  Industrial  Education  shall  receive  an  annual  salary  of 
one  thousand  dollars,  payable  in  like  manner  as  is  provided  for  the  payment  of  the  salary 
of  the  State  Superintendent  of  Public  Instruction,  and  shall  further  receive  as  a  part  of 
the  salary  of  said  office  the  sum  of  thirty  dollars  from  all  counties  of  class  "A,''  the 
sum  of  twenty-five  dollars  from  all  counties  of  class  "B''  and  the  sum  of  twenty  dollars 
from  all  counties  of  class  ''C, "  ''D''  and  "E,"  said  above  sums  to  be  set  apart  by  each 
of  the  county  treasurers  in?  like  manner  as  county  institute  funds  are  now  provided  to  be 
set  aside  and  under  like  co^4itions;  provided,  the  said  county  sums  are  only  to  be  paid 
said  State  Director  of  Industrial  Education  by  said  County  Treasurer,  upon  said  Director's 
visiting  and  instructing  in  the  various  counties  in  industrial  education. 

(Act  of  June  10,  1912;  |kA.*J^*l2,  C.  52,  §3.) 


(3)  Salary  8tli  and  9tli  fisc*al  years. 

$2000.00,  one  thousand  dollars  thereof  to  be  raised  by  the  levy  of  a  tax. 
(S.  B.  75,  L.  1919.) 

(4)  §  4821.     State  director  of  industrial  education — Traveling  expenses. 

Sec.  15.  That,  to  the  end  that  said  Director  of  Industrial  Education  may  visit  the 
public  schools  so  far  as  possible,  make  investigation  of  school  conditions  and  report  same 
to  the  State  Superintendent  of  Public  Instruction,  together  with  recommendations  as  to 
the  introduction  and  teaching  of  industrial  education,  an  annual  appropriation  of  Six 
Hundred  Dollars,  or  such  part  thereof  as  may  be  required,  is  hereby  made  for  traveling 
expenses  in  visiting  schools  and  supervising  the  introduction  and  teaching  of  industrial 
education  in  said  schools  payable  upon  presentation  of  certified  vouchers,  duly  approved 
by  the  State  Superintendent  of  ^Public  Instruction,  and  warrants  drawn  by  the  State 
Auditor  upon  the  State  Treasurer. 

(For  traveling  expenses  and  deficiencies  therefor  for  7th,  8th  and  9th  fiscal  years  see    "Supt.  of 
Public  Instruction,"  page  10.) 

(5)  Acceptance  Congressrtoiiai  Acts. 

Sec.  1.  That  the  State  of  New  Mexico  does  hereby  accept  the  benefits  of  an  act 
passed  by  the  Senate  and  House  of  Eepresentatives  of  the  United  States  of  America  in 
Congress  assembled  entitled  ''An  Act  to  provide  for  the  promotion  of  vocational  education; 
to  provide  for  co-operation  with  the  states  in  the  promotion  of  such  education  in  agriculture 
and  the  trades  and  industries;  to  provide  for  co-operation  with  the  states  in  the  preparation 
of  teachers  of  vocational  subjects;  and  to  appropriate  money  and  x*egulate  its  expenditure," 
approved  February  23,  1917,  and  will  observe  and  comply  with  all  the  requirements  of 
said  act. 

(C.  2,  Ex.  Sess.,  1917.) 

(6)  Grant  of  power. 

Sec.  2.  That  the  State  Board  of  Education  is  hereby  designated  as  the  State  Board 
for  the  purposes  of  the  said  act  and  is  hereby  given  all  necessary  powers  to  co-operate 
with  the  Federal  Board  of  Vocational  Education  in  the  administration  of  the  provisions 
of  the  act. 

(C.  2,  Ex.  Sess.,  1917.) 

(7)  Funds,  Administration 

Sec.  3.  The  State  Treasurer  shall  receive  and  be  custodian  of  all  funds  appropriated 
by  the  United  States  Government  to  the  State  of  New  Mexico  for  the  purposes  of  the  above 
mentioned  act  and  shall  pay  out  the  same  on  the  order  of  the  auditor  who  shall  have  the 
authority  of  the  State  Board  of  Education  for  the  drawing  of  any  warrants  on  this  fund, 
provided  that  all  such  payments  must  be  in  harmony  with  the  purposes  of  the  said  act,  and 
that  the  State  Board  of  Education  shall  file  with  the  State  Auditor  copies  of  all  vouchers 
covering  the  expenditure  of  such  funds. 

(C.  2,  Ex.  Sess.,  1917.) 


.0m 


14  SCHOOLS  AND  SCHOOL  DISTRICTS 

(8)  Appropriations. 

Sec.  4.  That  there  is  hereby  appropriated  the  sum  of  Fifteen  Thousand  Dollars 
($15,000.00)  for  each  the  Sixth  and  Seventh  fiscal  years  of  the  State  of  Notv  Mexico; 
which  sum  is  to  be  used  and  expended  and  paid  out  In  the  same  manner  as  is  provided  in 
Section  3  of  this  Act  for  the  payment  of  moneys  appropriated  by  the  United  States. 

(C.  2,  Ex.  Sess.,  1917.) 

(9)  Levy. 

Sec.  5.  That  the  State  Auditor  is  hereby  directed  to  levy  a  tax  on  all  of  the  taxable 
property  in  the  State  of  New  Mexico  for  the  Sixth  and  Seventh  fiscal  years  sufficient  to 
produce  an  amount  equal  to  that  which  is  hereby  appropriated. 

(C.  2,  Ex.  Sess.,  1917.) 

CHILD  WELFARE  SERVICE. 
(ARTICLE  5.) 

(  1  )  Creation  :   control. 

(  2  )  Board;    compensation. 

(  3  )  Director;    compensation. 

(  4  )  Appropriation. 

(1)  Creation — Control 

Sec.  1.  That  the  organization  known  as  the  Child  "Welfare  Service  heretofore  operating 
under  the  State  Council  of  Defense  is  hereby  established  as  a  permanent  Child  Welfare 
Service  for  the  State  of  New  Mexico  and  placed  under  the  administration  of  the  Depart- 
ment of  Education. 

(H.  B.  227,   L.   1919.) 

(2)  Board — Appointment,  Compensation. 

Sec.  2.  There  is  hereby  established  a  Child  Welfare  Board  of  seven  citizens  of  New 
Mexico,  one  of  whom  shall  be  ex-officio  the  State  Superintendent  of  Public  Instruction; 
the  other  six  members  to  be  appointed  by  the  Governor,  by  and  with  the  advice  and 
consent  of  the  Senate.  The  terms  of  office  of  said  members  shall  be  six  years,  the  initial 
appointments  providing  two  members  for  two  years,  two  for  four  and  two  for  six  years. 
Said  board  shall  serve  without  pay,  except  necessary  traveling  expenses  in  attending 
meetings. 

(H.  B.  227,  L.  1919.) 

(3)  Director — Compensation,  Powers. 

Sec.  3.  The  Child  Welfare  Board  shall  employ  a  Director  of  Child  Welfare,  whose 
office  shall  be  with  the  Department  of  Education  and  whose  salary^  office  and  traveling 
expenses  shall  be  paid  through  the  Department  of  Education  out  of  funds  to  be  provided 
for  the  Child  Welfare  Service  in  the  general  appropriation  act.  Said  board  is  authorized 
to  accept  such  operative  aid  as  may  be  provided  by  the  government  of  the  United  States 
and  to  co-operate  in  its  activities  with  the  Federal  government,  as  well  as  the  State  Board 
of  Health  and  voluntary  organizations  in  all  matters  touching  the  betterment  of  the 
children  of  the  state. 

(H.  B.  227,  L.   1919.) 

(Three  foregoing  sections  are  effective  June  13,   1919.) 

(4)  Appropriation. 

For  seventh  fiscal  year $4,000.00 

For  eighth  fiscal  year 6,000.00 

For  ninth  fiscal  year ; 6,000,00 

(Appropriation  is  for  salary  and  office  contingent  an^l  traveling  expenses.) 

(S.  B.  75.  Laws  1919.) 


CHAPTER  2. 

STATE  EDUCATIONAL  INSTITUTIONS 

(See  page    15    for   proposed    constitutional   amendment    concerning    management.) 

Art.   1.      Provisions   common  to   more  than  one  institution.      (Pages    15-17.) 

Art.   2.     Provisions  common  to  University,  Agricultural  College  and  Insane  Asylum.     (Pages  17-19.) 

Art.   3.      University  of  New  Mexico.      (Pages    19-21.) 

Art.   4.      College  of  Agricultural   and   Mechanic  Arts.      (Pages   24-25.) 

Art.   5.      School  of  Mines.      (Pages   25-27.) 

Art.   6.      Military  Institute.      (Pages   27-29.) 

Art.   7.      Normal    Schools:       (Pages    29-31.) 

(a)  Normal   University  and   Normal    School.       (Pages   29  31.) 

(b)  Spanish-American    Normal    School.       (Page    31.) 
Art.   8.      Deaf  and   Dumb   Asylum.      (Pages   31-33.) 

Art.   9.      Institute  for  the  Blind.      (Page  33.) 

PROVISIONS    COMMON    TO    MORE    THAN    ONE    INSTITUTION. 
(ARTICLE    1.) 

(  1  )  Management,  proposed  constitutional  amendment. 

(  2  )  Eminent   domain. 

(  3  )  Lands,  sale  or  lease;  funds. 

(  4  )  Lands,  sale  or  lease;  funds.  ' 

(  5  )  Accounts,    expenditures,    warrants,    etc. 

(  6  )  Requisitions. 

(  7  )  Financial  statement. 

(  8  )  Expenditures,  limitation. 

(  9  )  Food  and  clothing;   contracts. 

(10)  Appropriation;    excess. 

(11)  Court;    grand   jury   instruction. 

(12)  Admission,   requirements. 

(13)  Officers;  removal. 

(14)  Tuition. 

(1)  Management — Proposed  constitutional  amendment. 

Sec.  1.  That  Section  3  of  Article  XIV  of  the  Constitution  of  the  State  of  New 
Mexico  be  amended  so  that  said  section  shall  read  as  follows: 

*'Sec.  3.  There  is  hereby  created  a  Board  of  Control  consisting  of  four  (4)  members 
to  be  appointed  by  the  Governor,  each  for  a  term  of  two  years  and  at  a  salary  of  $3,000 
per  annum,  and  not  more  than  two  of  whom  shall  belong  to  the  same  political  party  at  the 
time  of  their  appointment.  Such  Board  of  Control  shall  have  the  management  and  control 
of  all  state  educational  institutions  enumerated  in  Section  11  of  Article  XII  of  the  Con- 
stitution and  of  all  State  institutions  enumerated  in  Section  1,  of  Article  XIV  of  this  con- 
gtitution  and  of  all  State,  educational,  charitable,  penal  or  reformatory  institutions  (other 
than  the  public  schools)  heretofore  or  hereafter  established.  This  provision  shall  become 
effective  on  and  after  January  1st,  1921.  The  Legislature  shall  prescribe  the  powers  and 
duties  of  such  Board  of  Control  and  until  such  provision  is  made  such  Board  of  Control 
shall  have,  with  respect  to  each  of  said  institutions,  the  powers  and  duties  now  vested  in 
the  Boards  of  Regents  or  Boards  of  said  institutions." 

Sec.  2.  That  Section  13  of  Article  XII  of  the  Constitution  of  the  State  of  New 
Mexico  be  amended  so  that  said  section  shall  read  as  follows: 

"Sec.  13.  On  and  after  the  1st  day  of  January,  1921,  the  said  State  Educational 
Institutions  shall  be  controlled  and  managed  by  the  Board  of  Control  created  by  Section  3 
of  Article  XIV  of  this  Constitution." 

(Not  effective  at   time  of  publication  of  this   compilation.) 

(2)  §  5152.     Eminent  domain. 

Sec.  135.  Whenever  it  shall  be  deemed  necessary  by  the  board  of  regents  of  the 
University  of  New  Mexico,  and  of  The  New  Mexico  College  of  Agriculture  and  Mechanic 
Arts  the  board  of  regents  of  the  School  of  Mines,  the  board  of  directors  of  the  New  Mexico 
Insane  Asylum  and  the  Board  of  Penitentiary  Commissioners  to  acquire  title  to  any  lands 
for  the  use  of  any  such  institution  and  the  owner  or  owners  of  such  lands  are  unable  or 
unwilling  to  accept  a  fair  and  reasonable  price  for  such  lands,  then,  and  in  that  event,  each 
of  the  said  several  boards  may  acquire,  in  the  name  of  the  State  of  New  Mexico,  title  to 
so  much  of  said  land  or  lands  as  shall  be  deemed  necessary  by  any  such  board,  for  the  use 
of  any  such  institution,  in  the  same  manner  as  provided  by  law  for  the  condemnation  of 
land  for  railroad  purposes,  and  such  land  so  taken  shall  be  deemed  to  be  taken  for  public 
use. 

(C.  L.   '97,   §3693.) 


16  STATE  EDUCATIONAL  INSTITUTIONS 

(3)  §  5153.    Sale  or  lease  of  lands — Disposition  of  funds. 

Sec.  136.  The  New  Mexico  College  of  Agriculture  and  Mechanic  Arts  and  all  other 
state,  educational  and  charitable  institutions,  in  New  Mexico,  are  authorized  to  expend  the 
funds  derived  from  the  sale  and  lease  of  their  lands,  or  so  much  thereof  as  may  be  necessary 
which  are  placed  to  the  credit  of  the  respective  institutions,  for  buildings,  equipment  and 
other  permanent  improvements. 
(L.   '05,  C.  72,   §1.) 

(4)  §  5154.     Sale  or  lease  of  lands — Use  of  funds — Report. 

Sec.  137.  The  board  of  regents  or  other  boards  of  control  of  said  institutions  are 
hereby  authorized  to  expend  said  moneys  as  herein  provided  for  said  purposes  and  said 
boards  shall  make  a  full  and  complete  report  of  the  expenditures  which  they  may  make 
under  the  provisions  of  this  act,  giving  amount  and  purpose  for  which  expended,  to  the 
Governor  of  the  State  of  New  Mexico. 

(L.   '05,  C.  72^  §2.) 

(5)  §5155.    Accounts — Expenditures — Warrants — Receipts,  etc. 

Sec.  138.  The  board  of  managers  of  the  different  state  institutions,  under  whatsoever 
name  they  may  be  legally  designated,  are  hereby  directed  and  required  to  keep  in  suitable 
books  of  record  a  strict  account  of  all  moneys  received  by  them  from  the  state,  and  also 
itemized  accounts  of  the  disbursement  of  the  same.  They  shall  require  all  bills  against 
such  institutions  to  be  made  out  in  duplicate,  and  all  salaries  or  other  expenditures  except 
for  bills  and  current  expenses  shall  be  receipted  for  in  duplicate,  one  of  such  bills  or  re- 
ceipts to  be  kept  by  the  said  board  with  the  other  papers  and  property  of  the  institutions 
and  the  other  to  accompany  all  requisitions  upon  the  Auditor  of  the  State  for  warrants, 
and  no  warrant  shall  be  drawn  by  the  Auditor  for  any  amount  in  favor  of  any  such  insti- 
tution unless  the  requisition  therefor  is  accompanied  witb  such  itemized  receipts  for  the 
money  expended  after  the  last  requisition. 
(L.  '01,  C.  98,  §1.) 

(6)  §5156.     Charitable  institutions — Accounts — ^Etc. 

Sec.  139.     The  persons  in  charge  of  each  charitable  or  other  institution  which  receives 
state  aid,  shall  make  their  requisitions  upon  the  Auditor  in  the  same  manner  as  is  provided 
for  state  institutions  in  the  preceding  section,  and  shall  keep  books  and  furnish  itemized 
duplicate  receipts  for  all  moneys  received  and  paid  out  in  the  same  manner. 
(L.   '01,  C.  98,   §2.) 

(7)  §  5157.    Annual  financial  statement. 

Sec.  140.  It  is  hereby  made  the  duty  of  the  several  boards  of  managers  of  state  char- 
itable or  other  institutions  which  receive  any  money  from  the  state  treasury,  at  the  end 
of  each  fiscal  year  to  make  out  an  itemized  and  detailed  statement  of  all  receipts  and  dis- 
bursements of  such  institution  up  to  and  including  the  last  day  of  said  fiscal  year,  which 
shall  be  sworn  to  as  correct  by  the  Secretary,  Treasurer  or  other  accounting  officer  of  such 
institution  who  draws  and  receives  the  State  funds,  and  shall  be  transmitted  to  the  Gov- 
ernor of  the  State  within  the  first  thirty  days  of  the  new  fiscal  year;  and  any  failure  on 
the  part  of  any  person  or  officer  to  perform  the  duties  herein  specified  shall  subject  such 
person  to  removal  from  his  position  and  in  case  he  is  a  bonded  officer  it  shall  be  considered 
AS  a  breach  of  his  bond  and  be  a  misdemeanor  in  office,  for  which  he  may  be  fined  in  any 
sum  not  exceeding  five  hundred  nor  less  than  one  hundred  dollars,  which  shall  be  recovered 
from  him  and  the  sureties  on  his  bond  as  a  penalty. 
(L.   '01,  C.  98,   §3.) 

(8)  §5158.    Expenditures — Indebtedness  in  excess  of  appropriation. 

Sec.  141.  Every  officer,  board,  body  or  agency,  or  any  member  thereof,  empowered 
to  expend  any  public  money  or  to  direct  the  expenditure  thereof,  or  to  contract  indebted- 
ness against  or  in  view  of  specific  appropriations,  is  hereby  prohibited  from  making  any 
contract,  incurring  any  expense,  or  contracting  any  liability  against  this  State,  or  any 
public  fund  thereof,  which  shall  make,  tend  to  make,  or  contemplate  any  excess  of  ex- 
penditure beyond  the  terms  of  the  laws  authorizing  expenditures  by  them,  or  either  of 
them,  or  under  their  direction;  and  it  shall  be  unlawful  for  any  trustee,  superintendent, 
warden  or  other  officer  of  any  of  the  educational,  penal,  charitable  or  other  institutions  of 
this  State,  who,  under  the  laws,  has  authority  or  may  be  vested  with  authority  to  purchase 
supplies,  employ  servants  or  assistants,  contract  indebtedness,  or  to  do  any  act  contemplat- 
ing the  expenditure  of  public  moneys,  to  contract  any  indebtedness  in  behalf  of  such  instir 
tutions  or  ostensibly  against  the  State  on  account  of  such  institutions  in  excess  of  the 
appropriations  made  for  the  maintenance  and  support  thereof;  but  in  respect  to  the  Peni- 
tentiary, the  Asylum  for  the  Insane,  the  Reform  School,  the  Institute  for  the  Blind,  the 
Miners'  Hospital  and  the  Deaf  and  Dumb  Asylum,  if  the  specific  appropriations  therefoi. 
shall  have  become  exhausted,  food  and  clothing  for  the  inmates  thereof  may  be  purchased 
on  the  credit  of  the  State. 

(L.   '12,   C.   69,   81.) 


STATE  EDUCATIONAL  INSTITUTIONS  17 

(9)  §  5159.     Contracts  for  food,  clothing — Resolution  of  board. 

Sec.  142.  Before  such  food  and  clothing  shall  be  purchased,  in  case  of  emergency,  aa 
provided  in  the  preceding  section,  there  shall  be  passed  a  resolution  of  the  governing  board 
of  the  institutions  mentioned,  respectively,  setting  forth  the  kind,  quantity,  quality,  and 
estimated  cost  of  such  supplies,  food  and  clothing,  and  the  necessity  therefor,  and  showing 
the  state  of  the  funds  appropriated  to  such  institutions,  respectively;  and  a  copy  thereof 
certified  by  the  president,  chairman  or  other  head  of  such  board,  and  attested  by  its  secre- 
tary or  clerk,  shall  be  transmitted  to  the  Governor,  who,  if  he  approve  the  same,  shall  re- 
turn it  to  the  board  from  which  it  came,  with  his  approval  thereon  endorsed  over  his  sig- 
nature, and  thereupon  the  purchases  specified  shall  be  authorized;  but  if  he  disapprove  the 
resolution  he  shall  so  notify  the  board  aforesaid. 

(L.    '12,   C.   69,   §2.) 

(10)  §  5160.     Exceeding  appropriation — Penalty. 

Sec.  143.  Any  person  violating  any  of  the  provisions  of  the  two  preceding  sections 
shall  be  deemed  guilty  of  a  felony,  and,  upon  conviction  thereof,  shall  be  punished  by  a 
fine  not  exceeding  $500  nor  less  than  $100,  or  by  imprisonment  in  the  penitentiary  for  not 
less  than  six  months  nor  more  than  one  year,  or  by  both  such  fine  and  imprisonment  in  the 
discretion  of  the  court  trying  such  cause. 

(L.    '12,   C.   69,    §3.) 

(11)  §5161.     Grand  jury — Duty. 

Sec.  144.  It  is  hereby  made  the  duty  of  the  several  district  judges  to  call  to  the  atten- 
tion of  grand  jurors  the  provisions  of  the  three  preceding  sections. 

(L.    '12,   C.   69,   §4.) 

(12)  §  5162.    Boards  to  determine  requirements. 

Sec.  145.  The  respective  boards  of  regents  of  the  New  Mexico  College  of  Agriculture 
and  Mechanic  Arts,  the  New  Mexico  School  of  Mines,  the  Universitj''  of  New  Mexico,  and 
the  New  Mexico  Military  Institute  at  Roswell  shall  determine  and  fix  the  standard  of 
requirements  for  admission  to  their  respective  institutions. 

(L.    '12,   C.   8,3,    §2.) 

(13)  §  5163.    State  schools — Removal  of  members  of  faculty — Salary  of  secretary. 

Sec.  146.  No  president  or  member  of  the  faculty  of  any  State  educational  institution 
shall  be  removed  during  the  term  for  which  he  is  elected,  or  appointed,  except  for  cause,  and 
after  trial  by  the  board  of  regents  of  his  institution,  and  that  no  secretary  or  treasurer  of 
any  such  institution  except  those  supported  in  whole  or  in  part  by  United  States  appropri- 
ation, shall  receive  any  compensation  as  such  secretary  and  treasurer^  or  either. 

(C.  L.   '97,   §4181.) 

(14)  §  5164.     Tuition. 

Sec.  147.  The  Board  of  Regents  of  the  New  Mexico  College  of  Agriculture  and  Me- 
chanic Arts,  the  University  of  New  Mexico,  the  New  Mexico  School  of  Mines,  the  New 
Mexico  Normal  University  at  Las  Vegas,  the  New  Mexico  Normal  School  at  Silver  City,  the 
New  Mexico  Military  Institute  shall  charge  as  tuition  a  fee  of  not  less  than  five  nor  more 
than  twenty-five  dollars  per  session  for  each  and  every  student;  said  tuition  to  be  fixed  by 
said  board  of  regents,  collected  by  the  officers  of  each  institution  and  accounted  for  as 
other  funds  of  such  institution. 

(C.  L.   '97.   §3605.) 

(See  Page  28   hereof  for  authorized  tuition  for  military   institute) 

PROVISIONS    COMMON    TO    UNIVERSITY,    AGRICULTURAL    COLLEGE,    AND    INSANE    ASYLUM. 

(ARTICLE  2.) 

(  1  )  Members  boards,    expenses. 

(  2  )  Embezzlement. 

(  3  )  Funds;    disbursement. 

(  4  )  Funds;    apportionment. 

(  5  )  Reports,   annual. 

(  6  )  Boards,   Governor  and   State  Superintendent. 

(  7  )  Boards;    meetings. 

(  8  )  Boards,    membership;    residence. 

(  9  )  Records,  public. 

(10)  Boards,    members,    employes,    contracts. 

(11)  Boards,    members,    oath. 

(12)  Property. 

(13)  Sectarianship;  religion. 

(1)     §5165.     Members  of  boards — Expenses. 

Sec.  148.  The  members  of  the  several  boards  of  the  University  of  New  Mexico,  the 
New  Mexico  College  of  Agriculture  and  Mechanic  Arts,  and  the  New  Mexico  Insane  Asylum 
shall  be  allowed  their  actual  and  necessary  traveling  expenses  in  going  to  and  returning 


18  STATE  EDUCATIONAL  INSTITUTIONS 

from  all  necessary  sessions  of  their  respective  boards,  and  also  their  necessary  expenses 
while  in  actual  attendance  upon  the  same. 

(C.  L,  '97,   §3633.) 

(2)  §5166.     Embezzlement.  . 

Sec.  149.  If  any  secretary,  treasurer  or  other  officer  or  member  of  the  several  boards 
of  any  of  the  said  institutions  shall  feloniously  embezzle,  secrete,  misapply  or  convert  to  his 
or  their  own  use  any  money  or  property  belonging  to  any  of  said  institutions,  he  shall  be 
deemed  guilty  of  a  felony,  and  on  conviction  thereof  shall  be  confined  in  the  state  peni- 
tentiary for  a  term  of  not  less  than  three,  nor  more  than  ten  years,  in  the  discretion  of 
the  court  before  whom  such  conviction  shall  be  had. 

(C.   L.    '97,    §3634.) 

(3)  §5167.     Disbursement  of  funds. 

Sec.  150.  The  secretary  and  treasurer  of  all  of  such  boards  shall  make  disbursements 
of  the  funds  in  his  hands  on  the  order  of  the  board,  which  order  shall  be  countersigned  by 
the  president  of  the  board,  and  shall  state  on  what  account  the  disbursement  is  made. 

(C.  L.   '97.   §3635.) 

(4)  §  5168.     Apportionment  of  funds. 

Sec.  151.  Whenever  there  shall  be  any  money  in  the  hands  of  the  State  Treasurer  to 
the  credit  of  any  of  the!  specific  funds  set  apart  for  said  institutions  deemed  sufficient  by 
such  board  to  commence  the  erection  of  any  of  the^  necessary  buildings  or  improvements 
or  pay  the  running  or  other  expenses  of  such  institution,  the  State  Auditor,  on  the  request 
in  writing  of  any  such  boards,  shall,  and  it  is  hereby  made  his  duty,  to  draw  his  warrant 
in  favor  of  the  treasurer  of  said  board  and  institution  upon  the  State  Treasurer  against  the 
specific  fund  belonging  to  such  institution  in  such  sum,  not  exceeding  the  amount  on  hand 
in  such  specific  fund  at  such  time,  as  said  board  may  deem  necessary;  Provided,  That  any 
such  board  shall  only  draw  said  money  as  it  may  be  necessary  to  disburse  the  same. 

(C.  L.  '97,  §3636.) 

(5)  §  5169.    Annual  reports. 

Sec.  152.  All  of  the  managing  boards  of  the  said  institutions  shall  annually,  on  or 
before  the  first  day  of  December,  make  a  full  and  true  report  in  detail  under  oath,  of  all 
their  acts  and  doings  during  the  previous  year,  their  receipts  and  expenditures,  the  exact 
status  of  their  institution  and  any  other  information  that  they  may  deem  proper  and  useful 
or  which  may  be  called  for  by  the  Governor,  which  said  reports  shall  be  made  to  the  Gov- 
ernor and  he  shall  transmit  the  same  to  the  succeeding  session  of  the  legislature. 

(C.  L.   '97,   §3637.) 

(6)  §  5170.    Governor  and  school  superintendent  members  of  boards. 

Sec.  153.  The  Governor  of  the  State  and  the  Suj)erintendent  of  Public  Instruction,  if 
there  be  one,  shall  ex-officio  be  advisory  members  of  all  boards  of  the  said  institutions,  but 
shall  not  have  the  right  to  vote  or  be  eligible  to  office  therein. 

(C.  L.   '97,   §3639.) 

(See  Constitution,  Art.  XII,   Sec.   13,  Art.  XIV,   Sec.   3.) 

(7)  §  5171.    Meetings  of  boards. 

Sec.  154.  The  regular  meeting  of  all  said  boards  shall  be  held  quarterly;  Provided, 
That  they  may  hold  as  many  special  sessions  as  they  shall  deem  necessary. 

(C.  L.   '97.    §3641.) 

(8)  §  5172.    Members  of  boards — Besldence. 

Sec.  155.  At  least  one  member  of  the  said  several  boards  shall  be  a  resident  of  the 
town  or  city  at  or  near  which  the  institution  is  located. 

(C.  L.    '97,   §3643.) 

(9)  §  5173.    Records  to  be  public. 

Sec.  156.  The  records  of  the  said  boards  shall  be  open  at  all  reasonable  times  for  the 
inspection  of  any  citizen. 

(C.  L.    '97,    §3644.) 

(10)  §  5174.    Members  and  employes  not  to  be  interested  in  contracts. 

Sec.  157.  No  employe  or  member  of  any  of  the  said  boards  shall  be  interested  pe- 
cuniarly,  either  directly  or  indirectly,  in  any  contract  for  building  or  improving  any  of 
said  institutions  or  for  the  furnishing  of  supplies  to  any  of  such  institutions. 

(C.  L.   '97,   §3645.) 


STATE  EDUCATIONAL  INSTITUTIONS  19 

(11)  §5175.     Members  of  boards — Oath. 

Sec.  158.  Each  and  every  member  of  tlie  said  boards  sball,  before  entering  upon  their 
respective  duties,  take  and  subscribe  an  oath  to  faithfully  and  honestly  discharge  their 
duties  in  the  premises  and  strictly  and  impartially  perform  the  same  to  the  best  of  their 
several  abilities.     Said  oath  shall  be  filed  with  the  Secretary  of  State. 

(C.  L.    '97,    §3646.) 

(For  oath  see  Constitution,  Art.  XX,   Sec.   1.) 

(12)  §  5176.     Power  to  hold  property. 

Sec.  159.  All  of  the  said  institutions  shall  be  entitled  to  receive  all  the  benefits  and 
donations  made  and  given  to  similar  institutions  of  learning  and  charity  in  other  states 
and  territories  of  the  United  States,  by  the  legislation  of  the  Congress  of  the  United 
States,  or  from  private  individuals  or  corporations,  and  for  the  benefit  of  said  institutions 
they  shall  have  power  to  buy  and  sell  or  lease  or  mortgage  realty,  and  do  all  things  that, 
in  the  opinion  of  the  several  boards,  will  be  for  the  best  interests  of  said  institutions,  and 
are  in  the  line  of  its  object.  ' 

(C.  L.    '97,    §3647.) 

(13)  §  5177.    To  be  non-sectarian. 

Sec.  160.  All  the  said  institutions  shall  forever  remain  strictly  non-sectarian  in  char- 
acter, and  no  creed  or  system  of  religion  shall  be  taught  in  any  of  them. 

(C.  L.   '97,   §  3648.) 

(See  also  Sec.  9,  Art.  XII,  State  Const.) 

UNIVERSITY   OF   NEW   MEXICO. 

(ARTICLE   3.) 

(See   also   page    15.) 

(  1  )  Constitutional    confirmation. 

(  2  )  Creation. 

(  3  )  Purpose. 

(  4  )  Management  and  control.      Regents. 

(  5  )  Corporate  powers. 

(  6  )  Meetings;   officers;    Secretary  and  Treasurer. 

(  7  )  Officers;    duties  and  powers. 

(  8  )  Rules   and   regulations. 

(  9  )  Departments. 

(10)  Management;    officers,    removal. 

(11)  Admission;    attendance. 

(12)  Sectarianship;    teachers. 

(13)  Meetings;   quorum, 

(14)  Lands. 

(15)  Appropriations. 

(1)  (Confirmed  as  a  State  educational  institution.) 

(Sec.   11,   Art.  XII,   State  Const.) 

(2)  §  5117.    To  be  State  university. 

Sec.  100.  The  University  of  New  Mexico  is  intended  to  be  the  State  university,  and 
as  such  is  entitled  to  all  the  donations  of  land  and  all  other  benefits  under  all  Acts  of  Con- 
gress enacted  for  the  benefit  of  such  educational  institutions  in  the  State. 

(C.  L.   '97,   §3569.) 

(See  Constitution,   Art.  XII,   Sees.   11,    12.) 

(3)  §  5118.      Purpose. 

Sec.  101.  The  object  of  the  university  shall  be  to  provide  the  inhabitants  of  the  State 
of  New  Mexico  with  the  means  of  acquiring  a  thorough  knowledge  of  the  various  branches 
of  literature,  science  and  arts. 

(C.   L.    '97,    §3570.) 

(4)  §5119.     Board  of  regents. 

Sec.  102.  The  management  and  control  of  said  university,  the  care  and  preservation 
of  all  property  of  which  it  shall  become  possessed,  the  erection  and  construction  of  all 
buildings  necessary  for  its  use,  and  the  disbursements  and  expenditures  of  all  moneys, 
shall  be  vested  in  a  board  of  five  regents. 

(C.  L.   '97,   §3571.) 

(For  appointments  see  Constitution,   Art.  XII,    Sec.   13.) 
(For  filling  of  vacancies  see  Constitution,  Art.  XX,   Sec.  5.) 
(For  qualification  see  Constitution,  Art.  VII,   Sec.  2.) 

(5)  §5120.    Id. — Title — Corporate  powers. 

Sec.  103.  The  regents  of  the  university  and  their  successors  in  office  shall  constitute  a 
body  corporate  under  the  name  and  style  of  The  Eegents  of  the  University  of  New  Mexico, 


20  STATE  EDUCATIONAL  INSTITUTIONS 

with  the  right,  as  such,  of  suing  and  being  sued,  or  contracting  and  being  contracted  with, 
of  making  and  using  a  common  seal  and  altering  the  same  at  pleasure. 

(C.  L.   '97,   §3573.) 

(6)  §5121.     Officers — Election — ^Bond  of  secretary  and  treasurer. 

Sec.  104.  The  board  of  regents  of  the  University  of  New  Mexico  shall  meet  and  or- 
ganize by  the  election  of  its  officers  at  Albuquerque,  in  Bernalillo  county,  on  the  second 
Monday  in  March  in  each  year;  all  officers  so  elected  shall  hold  their  offices  until  their 
successors  are  duly  elected  and  qualified.  At  such  elections  they  shall  elect  a  president  and 
a  secretary  and  treasurer  from  their  number.  The  persons  so  elected  as  secretary  and 
treasurer  shall,  before  entering  upon  the  discharge  of  his  duties  as  such,  execute  a  good 
and  sufficient  bond  to  the  State  of  New  Mexico,  with  two  or  more  sufficient  sureties,  resi- 
dents of  this  State,  in  the  penal  sum  of  not  less  than  twenty  thousand  dollars,  conditioned 
for  the  faithful  performance  of  his  duties  as  such  secretary  and  treasurer,  and  that  he  will 
faithfully  account  for  and  pay  over  to  the  person  or  persons  entitled  thereto  all  moneys 
which  shall  come  into  his  hands  as  such  officer,  which  said  bond  shall  be  approved  by  the 
governor  of  the  State  and  shall  be  filed  with  the  secretary  of  state. 

(C.   L.   '97,   §3574.) 

Although  the  secretary  and  treasurer  must  be  a  member  of  the  board  of  regents  when 
elected,  his  right  to  hold  that  office  until  the  appointment  and  qualification  of  his  successor 
is  not  dependent  upon  his  continuing  to  be  a  member  of  the  board. 
(Bowman  Bank  &  Trust  Co.  v.  First  National  Bank,  18  N.  M.  589.) 
In  the  absence  of  any  direction  from  the  board  of  regents  the  treasurer  may  keep  the 
funds  in  any  bank  he  sees  fit,  or  keep  them  in  his  own  possession.  A  certificate  represent- 
ing the  deposit  in  bank  of  such  funds  is  assignable,  and  his  assignee  is  entitled  to  receive 
such  funds  from  the  bank. 

(Bowman  Bank  &  Trust  Co.  v.  First  National  Bank.   18   N.  M.   589.) 

(7)  §5122.    President — Secretary  and  treasurer — Duties  and  powers. 

Sec.  105.  The  president  of  said  board  shall  be  the  chief  executive  officer,  shall 
preside  at  all  meetings  thereof,  except  that  when  he  is  absent  the  board  may  appoint  a 
president  pro  tem.,  and  sign  all  instruments  required  to  be  executed  by  said  board.  He  shall 
also  generally  direct  the  affairs  of  said  university,  nominate,  and  by  and  with  the  advice 
and  consent  of  the  board  of  regents,  appoint  all  professors,  tutors,  instructors  and  other 
employes  necessary  to  the  proper  conduct  of  said  university;  and  in  like  manner  shall  be 
determined  the  amount  of  their  respective  salaries.  The  secretary  and  treasurer  shall  be 
the  financial  and  recording  officer  of  said  board,  shall  keep  a  true  and  correct  account  of 
all  moneys  received  and  expended  by  him,  shall  attest  all  instruments  required  to  be  signed 
by  the  president,  and  shall  keep  a  true  record  of  all  the  proceedings  of  said  board,  and 
generally  do  all  other  things  required  of  him  by  said  board. 

(C.   L.    '97,    §3575.) 

(8)  §  5123.    Regents — Rules  and  regulations. 

Sec.  106.  The  regents  shall  have  power  and  it  shall  be  their  duty  to  enact  laws,  rules 
and  regulations  for  the  government  of  the  university. 

(C.   L.    '97,    §3576.) 

(9)  §5124.     Departments. 

Sec.  107.  The  university  shall  have  departments^  which  shall  be  opened  at  such  times 
as  the  board  of  regents  deem  best,  for  instruction  in  science,  literature  and  the  arts,  law, 
medicine,  engineering  and  such  other  departments  and  studies  as  the  board  of  regents  may, 
from  time  to  time,  decide  upon,  including  military  training  and  tactics. 

(C.  L.   '97.   §3577.) 

(10)  §5125.    Regents — Supervisory  power — Degrees — Removal  of  officers. 

Sec.  108.  The  immediate  government  of  the  several  departments  shall  be  intrusted  to 
their  respective  faculties,  but  the  regents  shall  have  the  power  to  regulate  the  course  of 
instruction,  and  prescribe  the  books  and  authorities  to  be  used  in  the  several  departments, 
and  also  confer  such  degrees  and  grant  such  diplomas  as  are  usually  conferred  and  granted 
by  other  universities.  The  regents  shall  have  power  to  remove  any  officer  connected  with 
the  university  when  in  their  judgment  the  interests  require  it. 

(C.L.    '97,    §3578.) 

(11)  §  5126.    Who  may  attend. 

Sec.  109.  The  University  shall  be  open  to  the  children  of  all  residents  of  this  state 
and  such  others  as  the  board  of  regents  may  determine,  under  such  rules  and  regulations  as 


STATE  EDUCATIONAL  INSTITUTIONS  21 

may  be  prescribed  by  said  board,  whenever  the  finances  of  the  institution  shall  warrant  it, 
and  it  is  deemed  expedient  by  said  board  of  regents. 

(C.   L.    '97,    §3579.) 

(12)  §  5127.     To  be  non-sectarian. 

Sec.  110.  No  sectarian  tenets  or  opinions  shall  be  required  to  entitle  any  person  to  be 
admitted  as  a  student  or  employed  as  a  tutor,  or  other  instructor  in  said  university,  but 
the  same  shall  forever  be  strictly  non-sectarian  in  character. 

(C.  L.  '97,   §  3580.) 

(13)  §  5128.     Board  of  regents — Calling  meetings — Quorum. 

Sec.  111.  The  meetings  of  the  board  may  be  called  in  such  manner  as  the  board  of 
regents  may  prescribe,  and  the  majority  of  said  board  shall  constitute  a  quorum  for  the 
transaction  of  business,  but  a  less  number  may  adjourn  from  time  to  time. 

(C.  L.   '97,   §3581.) 

(14)  Lands.     (Granted  by  U.  S.) 

Act  Congress,  >7-22-95 46,080  acres 

Act  Congress,  6-21-98 65,000  acres 

Act  Congress,  6-20-10 200,000  acres 

Total 311,080  acres 

(15)  Appropriations.    8th  and  9th  fiscal  years. 

Maintenance $85,000 

(S.  B.   Laws   1919.) 

COLLEGE  OP  AGRICULTURE  AND  MECHANIC  ARTS 

(ARTICLE  4.) 

(See   also   page    15.) 

(  1  )  Purpose  and  Character. 

(  2  )  Management;   Powers,   Courses. 

(  3  )  Officers;    Secretary  and  Treasurer,  Compensation, 

(  4  )  Powers  and  duties. 

(  5  )  Administration   of  laws   generally. 

(  6  )  Experiment  station. 

(  7  )  Acceptance    Congressional    legislation. 

(  8  )  Experiment  station ;   acceptance  grant. 

(  9  )  Experiment   stations;    acceptance   of   Legislature. 

(10)  Regents;   power;    meetings. 

(11)  Regents:  power;   instruction;   officers'   removal. 

(12)  Lands,    granted. 

(13)  Appropriations. 

(14)  Agriculture,   co  operative,   appropriations. 

(15)  Agriculture;   pavmenf. 

(16)  Agriculture — Home  Economics. 

(17)  Extension  work,   appropriation. 

(18)  Extension  work,   moneys,   administration. 

(19)  Agriculture,    county    demonstration. 

(20)  Agriculture,    county  agents. 

(21)  Agriculture,    county   agents,    employment. 

(22)  Agriculture,   public  defense. 

(23)  Confirmed  as  State  educational  institution. 

(1)  §5129.     Purpose  and  character. 

Sec.  112.  The  New  Mexico  College  of  Agriculture  and  Mechanic  Arts  shall  be  an 
institution  of  learning  open  to  the  children  of  all  tlie  residents  of  this  state,  and  such 
other  persons  as  the  board  of  regents  may  determine,  under  such  terms,  rules  and  regulations 
as  may  be  prescribed  by  said  board  of  regents;  shall  be  non-sectarian  in  character  and 
devoted  to  practical  instruction  in  agriculture,  mechanic  arts,  natural  sciences  connected 
therewith,  as  well  as  a  thorough  course  of  instruction  in  all  branches  of  learning  bearing 
upon  agriculture,  and  other  industrial  pursuits. 

(C.  L.   '97,   §3552.) 

(2)  §  5130.     Course  of  instruction — ^Board  of  regents — Corporate  Powers — Quorum. 

Sec.  113.  The  course  of  instruction  of  the  college  hereby  created  shall  embrace  the 
English  language,  literature,  mathematics,  philosophy,  civil  engineering,  chemistry  and 
animal  and  vegetable  anatomy  and  physiology,  the  veterinary  art,  entomology,  geology,  and 
political,  rural  and  household  economy,  horticulture,  moral  philosophy,  history,  mechanics 
and  such  other  sciences  and  courses  of  instruction  as  shall  be  prescribed  by  the  regents  of 
this  institution  of  learning.  The  management  of  said  college  and  experiment  station,  the 
care  and  preservation  of  all  property,  of  which  such  institution  shall  become  possessed, 
the  erection  and  construction  of  all  buildings  necessary  for  the  use  of  said  college  and 
station,  and  the  disbursement  and  expenditure  of  all  moneys  provided  for  by  this  act,  shall 


22  STATE  EDUCATIONAL  INSTITUTIONS 

be  vested  in  a  board  of  five  regents.  Said  five  regents  shall  possess  tlie  same  qualifications, 
as  required  for  the  regents  of  the  University  of  New  Mexico.  Said  regents  and  their 
successors  in  office  shall  constitute  a  body  corporate,  with  the  name  and  style  of,  The 
Regents  of  the  Agricultural  College  of  New  Mexico,  with  the  right  as  such  of  suing  and 
being  sued,  of  contracting  and  being  contracted  with,  of  making  and  using  a  common  seal, 
and  altering  the  same  at  pleasure,  of  causing  all  things  to  be  done  necessary  to  carry  out 
the  provisions  of  law.  A  majority  of  the  board  shall  constitute  a  quorum  for  the  transaction 
of  business,  but  a  less  number  may  adjourn  from  time  to  time. 

(C.  L.   '97,   §3553.) 

(For  appointment  and  terms  of  office  see  Constitution,  Art,  XII,  Sec.  13.) 

(For  filling  of  vacancies  see  Constitution,  Art.  XX,   Sec.   5.) 

(For  qualifications  see  Constitution,   Art.  VII,   Sec.   2.) 

(Referred  to  in  Bowman  Bank  &  Trust  Co.  v.  First  National  Bank,  18  N'.  M.  589.) 

(3)  §5131.     Officers. 

Sec.  114.     The  officers  of  said  college  shall  be  the  same,  be  elected  in  the  same  manner, 

at  the  same  time,  and  possess  the  same  qualifications  as  the  regents  and  officers,   shall 

perform  their  duties  as  provided  for  the  regents  and   officers  of  the  University   of  New 

Mexico.    The  secretary  and  treasurer  shall  receive  a  salary  of  one  hundred  dollars  a  month. 

(C.  L.    '97,    §3554,  and  C.  L.    '97,    §3642.) 

(4)  §5132.    Id. — Powers  and  duties. 

Sec.  115.  The  board  of  regents  shall  direct  the  disposition  of  any  moneys  belonging  to 
or  appropriated  to  the  agricultural  college  and  experiment  station  and  shall  make  all  rules 
and  regulations  necessary  for  the  government  and.  management  of  the  same,  adopt  plans 
and  specifications  for  necessary  buildings  and  superintend  the  construction  of  said  buildings, 
and  fix  the  salaries  of  professors,  teachers  and  other  employes,  and  the  tuition  fees  to  be 
charged  in  said  college. 

(C.   L.    '97,    §3556.) 

(Referred  to  in  Bowman  Bank  &  Trust  Co.  v.  First  National  Bank,  18  N.  M.  589.) 

(5)  Agriculture  and  horticulture — Administration. 

That  the  Board  of  Regents  of  the  College  of  Agriculture  and  Mechanic  Arts  is  hereby 
given  supervision  oi  the  administration  and  enforcement  of  all  laws  in  this  state  relating 
to  agriculture,  agricultural  objects,  horticulture,  feeds  and  feed  stuff,  insect  pests,  plant 
disease  and  such  subjects  pertaining  to  agriculture  and  horticulture  as  the  legislature  shall 
hereafter  provide  and  shall  have  power  to  delegate  inspectors  and  agents  to  assist  in  the 
enforcement  of  such  laws. 

(S.  B.  80,  Laws  1919,  effective  June  13,  1919.) 

(6)  §  5133.    Agricultural  experiment  station. 

Sec.  116.  The  agricultural  experiment  station  in  connection  with  said  college  shall  be 
under  the  direction  of  the  said  boal-d  of  regents  of  said  college  for  the  purpose  of  conducting 
experiments  in  agriculture  according  to  the  terms  of  section  one  of  an  act  of  congress 
approved  March  2,  1887,  and  entitled,  An  act  to  establish  agricultural  experiment  stations 
in  connection  with  the  colleges  established  in  the  several  states  under  the  provisions  of  an 
act  approved  July  2,  1862,  and  of  the  acts  supplementary  thereto.  The  said  college  and 
experiment  station  shall  be  entitled  to  receive  all  the  benefits  and  donations  made  and 
given  to  similar  institutions  of  learning  in  other  states  and  territories  of  the  United  States 
by  the  legislation  of  the  congress  of  the  United  States  and  particularly  to  the  benefit  and 
donations  given  by  the  provisions  of  an  act  of  congress  of  the  United  States  entitled,  An 
act  donating  public  lands  to  the  several  states  and  territories  which  may  provide  colleges 
for  the  benefit  of  agriculture  and  mechanic  arts,  approved  July  2^  1862,  and  of  all  acts 
supplementary  thereto,  including  the  act  entitled.  An  act  to  establish  agricultural  experi- 
ment stations  in  connection  with  colleges  established  in  the  several  states  under  the  pro- 
visions of  an  act  approved  July  2,  1862,  and  of  the  acts  supplementary  thereto,  which  said 
last  mentioned  act  was  approved  March  2,  1887. 

(C.  L.   '97,   83557.) 

(7)  §  5134.    Assent  to  Act  of  Congress. 

Sec.  117.  The  assent  of  the  Legislature  of  New  Mexico  is  hereby  given  in  pursuance 
of  the  requirement  of  section  two  of  an  act  of  congress  entitled.  An  act  to  apply  a  portion 
of  the  proceeds  of  the  public  lands  to  the  more  complete  endowment  and  support  of  the 
colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts,  established  under  the  pro- 
visions of  an  act  of  congress  approved  July  2,  1862^  approved  August  30th,  1890,  to  the 
granting  of  moneys  for  the  benefit  of  the  agricultural  college  of  New  Mexico,  and  the 
said  Legislature  accepts  and  consents  to  all  of  the  terms  and  conditions  of  said  act  of 
congress,  and  assent  is  further  given  to  carry  out  within  the  State  of  New  Mexico  all  and 
singular,  the  provisions  of  said  act  of  congress. 

(C.  L.   '97,   §3567a.)  • 


STATE  EDUCATIONAL  INSTITUTIONS  23 

(8)  §  5135.     Agricultural  experiment  stations — Assent  to  terms  of  federal  act. 

Sec.  lis.  That  the  assent  of  the  Legislature  of  the  State  of  New  Mexico  is  hereby 
given  in  pursuance  of  the  requirements  of  Section  2  of  An  act  of  Congress  entitled,  "An  act 
to  provide  for  an  increased  annual  appropriation  for  Agricultural  Experiment  Stations  and 
regulating  the  expenditures  thereof,  approved  March  16,  1906,"  commonly  known  as  the 
Adams  Act,  to  the  purpose  of  the  grants  of  money  authorized  by  such  act  to  the  carrying 
out,  within  the  State  of  New  Mexico,  of  all  and  singular  the  provisions  of  said  act. 

(L.   '07,  C.  13,   §1.) 

(9)  §  5136.     Id. — Assent  to  Act  of  Congress. 

Sec.  119.  The  assent  of  the  Legislature  of  the  State  of  New  Mexico,  is  hereby  given  in 
pursuance  of  the  requirements  of  section  of  said  act  of  congress,  approved  March  2,  1887,  to 
the  granting  of  money  therein  made  to  the  establishment  of  experiment  stations  in  accord- 
ance with  section  one  of  said  last  mentioned  act,  and  assent  is  hereby  given  to  carry  out, 
within  the  State  of  New  Mexico,  all  and  singular  the  provisions  of  said  act. 
(C.   L.    '97,    §3558) 

(10)  §5137.    Board  of  regents — Rules — Calling  meetings. 

Sec.  120.  The  board  of  regents  shall  have  power  and  it  shall  be  their  duty  to  enact 
laws  for  the  government  of  said  college  and  experiment  station  and  the  meetings  of  said 
board  may  be  called  in  such  manner  as  the  regents  may  prescribe. 

(C.  L.  '97,  §3559.) 

(11)  §  5138.     Id. — ^Instruction — Books — Degrees — Removal  of  officer. 

Sec.  121.  The  immediate  government  of  the  several  departments  shall  be  intrusted  to 
their  respective  faculties,  but  the  regents  shall  have  the  power  to  regulate  the  course  of 
instruction  and  prescribe,  under  the  advice  of  the  faculty,  the  books  and  authorities  to  be 
used  in  the  several  departments,  and  also  to  confer  such  degrees  and  grant  such  diplomas  as 
are  usually  conferred  and  granted  by  other  agricultural  colleges.  The  regents  shall  have 
power  to  remove  any  officer  connected  with  the  agricultural  college  or  experiment  station 
when,  in  their  judgment,  the  best  interests  of  the  college  require  it. 

(C.  L.   '97,    §3560.) 

« 

(12)  Lands. 

Act  Congress,  2-21-98 100,000  acres 

Act  Congress,  6-20-1910 150,000  acres 

Total 250,000  acres 

(13)  Appropriations.    8th  and  9tli  fiscal  years. 

Maintenance   $37,500 

Experimental    Station    work 7,500 

Building,  8th  fiscal  year  only 12,500 

Extension  work,  required  by  C.  29,  L.  1915 — 

For  8th  fiscal  year 43,200 

For  9th  fiscal  year 43,200 

Administration  certain  laws  passed  by  Fourth  Legislature...  2,500 
(S.  B.  75,  Laws  1919.) 

(14)  Co-operative  Agriculture  Appropriation. 

That  for  the  maintenance  of  the  co-operative  agricultural  extension  work  provid'ed  for 
in  the  act  of  Congress  entitled:  "An  act  to  provide  for  Co-operative  Agricultural  Extension 
Work  between  the  Agricultural  Colleges  in  the  several  states  receiving  the  benfits  of  an 
act  of  Congress  approved  July  second,  one  thousand  eight  hundred  and  sixty-two,  and  all 
acts  supplementary  thereto,  and  the  United  States  Department  of  Agriculture, ' '  approved 
May  8,  1914,  there  is  hereby  permanently  appropriated  out  of  any  money  in  the  State 
Treasury,  except  interest  upon  the  public  debt,  the  sum  of  one  dollar  for  each  dollar  allotted 
annually  by  the  Secretary  of  Agriculture  as  provided  in  said  act  of  congress  to  the  State 
of  New  Mexico  above  the  sum  of  Ten  Thousand  Dollars  regularly  appropriated  to  each 
state  which  shall  by  action  of  its  legislature  assent  to  the  provisions  of  said  act,  the  said 
appropriation  not  to  exceed  the  sum  of  Thirty  Four  Hundred  Dollars  for  the  fiscal  year 
ending  June  30,  1916,  and  for  each  year  thereafter  for  sevene  years,  a  sum  exceeding,  by 
not  more  than  Three  Thousand  Dollars,  the  sum  appropriated  for  each  preceding  year, 
after  which  time  the  said  appropriation  shall  continue  annually  in  accordance  with  the 
provisions  of  said  act  of  congress,  such  appropriations  being  required  by  said  act  of 
congress,  in  order  that  the  state  may  obtain  the  benefit  of  the  said  annual  allotments  of 
money  by  the  Secretary  of  Agriculture  over  and  above  the  said  sum  of  Ten  Thousand 
Dollars. 

(C.  29,  Sec.  1,  L.  1915.) 


24  STATE  EDUCATIONAL  INSTITUTIONS 

(15)  Appropriation — Payment. 

The  money  by  this  act  appropriated  shall  be  paid  to  the  Treasurer  of  the  Board  of 
Regents  of  the  New  Mexico  College  of  Agriculture  and  Mechanic  Arts  upon  the  warrant 
of  the  State  Auditor  to  be  drawn  on  the  request,  in  writing^  of  said  board  and  the  said 
treasurer  of  said  board  is  hereby  authorized  to  receive  the  moneys  payable  under  the 
provisions  of  Section  4  of  the  said  act  of  congress  by  the  Secretary  of  the  Treasury  upon 
the  warrant  of  the  Secretary  of  Agriculture,  out  of  the  Treasury  of  the  United  States. 

(C.  29,   Sec.  2,  L.  1915.) 

(16)  Appropriations — Agriculture  and  Home  Economics. 

That  for  the  purpose  of  further  extending  the  co-operative  work  provided  by  Chapter 
29  of  the  Session  Laws  of  New  Mexico  for  the  year  1915,  entitled  *'An  Act  to  Provide  for 
the  Maintenance  of  the  Co-operative  Agricultural  Extension  Work  provided  for  by  the  Act 
of  Congress,  entitled  'An  Act  to  provide  for  co-operative  agricultural  extension  work 
between  Agricultural  Colleges  in  the  several  states  receiving  the  benefits  of  an  act  of 
Congress  approved  July  2,  1862,  and  all  acts  supplemental  thereto,  and  the  United  States 
Department  of  Agriculture,'  approved  May  8,  1914,"  in  any  county  of  this  state  employing 
a  county  agent  or  agents  under  the  terms  of  said  acts,  the  board  of  county  commissioners 
of  any  such  county  shall  be  authorized,  upon  petition  of  at  least  one  hundred  bona  fide 
taxpayers  within  such  county,  to  provide  and  appropriate  such  funds  as  are  necessary  for 
maintenance  of  co-operative  extension  work  in  agriculture  and  home  economics  within  such 
county,  such  funds  to  be  provided  by  special  levy  made  at  the  same  time  as  other  tax 
levies  for  county  purposes,  and  the  proceeds  of  such  special  levy  shall  be  covered  into  a 
fund  hereby  created  to  be  known  as  the  "Agricultural  Extension  Fund"  of  such  county. 

(C.  L.   1917,  Extraordinary  Session.) 

(17)  Appropriation. 

For  each  dollar  so  provided  by  said  county  there  is  hereby  appropriated  the  sum  of 
one  dollar,  to  be  paid  out  of  any  funds  in  the  State  Treasury  except  money  set  aside  for 
the  payment  of  interest  or  sinking  fund  on  the  public  debt,  and  the  State  Auditor  is  hereby 
authorized  and  directed  to  draw  his  warrant  for  the  payment  of  monies  so  allotted  to-  any 
such  county  upon  the  certificate  of  the  board  of  county  commissioners  of  such  county, 
countersigned  by  the  extension  director  of  the  New  Mexico  College  of  Agriculture  and 
Mechanic  Arts,  certifying  that  a  stated  amount  of  money  has  been  so  provided  by  said 
county  and  that  an  agreement  has  been  entered  into  between  such  county  and  said  college 
for  such  co-operative  extension  work;  provided,  however,  that  in  no  case  shall  the  total 
amount  so  allotted  to  any  one  county  by  the  state  exceed  the  sum  of  two  thousand  dollars 
($2,000)  during  any  one  year. 

(C.  1,  1917,  Ex.  Session.) 

(18)  Moneys — Administration. 

All  funds  appropriated  by  this  act,  and  by  the  boards  of  county  commissioners  under 
authority  of  Section  1  hereof,  shall  be  paid  over  to  the  treasurer  of  the  Board  of  Regents 
of  the  New  Mexico  College  of  Agriculture  and  Mechanic  Arts,  upon  warrant  drawn  by  the 
State  Auditor,  as  to  state  funds,  and  by  the  County  Treasurer,  as  to  county  funds,  and 
shall  be  expended  under  the  supervision  of  the  extension  service  of  said  college  solely 
for  the  purpose  contemplated  by  this  act,  and  the  Treasurer  of  the  Board  of  Regents  of  the 
New  Mexico  College  of  Agriculture  and  Mechanic  Arts  shall  file  with  the  State  Auditor 
copies  of  all  vouchers  covering  the  expenditure  of  all  such  moneys  appropriated  by  the 
state.  . 

(C.   1.   1917,  Ex.   Session.) 

(19)  County  Demonstration. 

Every  such  agreement  made  relating  to  county  demonstration  work  in  agriculture  and 
home  economics  shall  continue  in  full  force  until  the  Board  of  County  Commissioners,  or 
the  New  Mexico  College  of  Agriculture  and  Mechanic  Arts,  shall  terminate  the  agreement 
by  notice  to  the  other  party  or  parties,  such  notice  to  be  in  writing  delivered  at  least  three 
months  prior  to  the  time  fixed  for  termination  of  the  agreement,  and  at  the  expiration  of 
such  period  of  three  months,  the  co-operative  relationship  between  said  parties  shall 
ceage,  unless  otherwise  agreed  upon  between  the  several  parties. 

(O  1,  1917,  Ex.  Session.) 

(20)  County  Ajgents — Duties. 

The  county  agents  to  be  appointed  in  pursuance  of  this  act,  shall  be  selected  by  the 
extension  service  of  the  New  Mexico  College  of  Agriculture  and  Mechanic  Arts  and  a 
committee  appointed  by  the  boards  of  county  commissioners  of  the  respective  counties 
from  nominations  made  by  the  extension  service  of  said  College.  The  said  county  agents 
shall  work  under  the  uirection  of  the  extension  service  of  said  college  and  shall  devote 


STATE  EDUCATIONAL  INSTITUTIONS  25 

their  entire  time  to  the  discharge  of  their  duties  under  thia  act.  It  shall  be  their  duty 
to  demonstrate  as  far  as  possible  the  improved  agricultural  and  home  economics  practices 
and  systems  of  furmirg  &nd  home  making,  so  far  as  the  same  may  be  applicable  to  local 
conditions,  which  have  been  developed  by  the  investigations  of  the  United  States  Depart- 
ment of  Agriculture  and  the  Agricultural  Colleges  and  the  experiment  stations;  to  aid  in 
the  organization  and  direction  of  agricultural  work  and  home  making  in  the  several 
counties;  to  co-operate  with  agricultural  and  home  economics  clubs  and  other  associations 
and  organizations  having  for  their  object  the  betterment  of  agriculture  and  home  and 
rural   conditions. 

(C.  1,  1917,  Ex.  Session.) 

(21)  County  Agents — Employment. 

In  order  to  obtain  the  advantages  or  to  increase  the  benefits  to  be  derived  from  the 
provisions  of  this  act  any  two  or  more  contiguous  counties  may,  subject  to  the  approval 
of  the  extension  service  of  the  New  Mexico  College  of  Agriculture  and  Mechanic  Arts, 
unite  in  the  employment  of  a  county  agent  or  agents  under  an  agreement  between  the 
Board  of  County  Commissioners  of  each  of  said  counties  and  the  extension  service  of 
said  college,  which  agreement  shall  fix  the  amount  of  money  to  be  provided  by  each  county, 
in  which  case  the  funds  to  be  provided  by  the  state,  in  accordance  with  the  provisions  of 
section  two  thereof,  shall  be  available,  and  shall  be  paid  to  the  treasurer  of  said  Board  of 
Regents  upon  the  certificates  of  said  boards  of  county  commissioners,  countersigned  by  said 
extension  director,  stating  the  amounts  of  moneys  so  provided  by  said  counties,  and  that 
such  agreement  has  been  executed. 

(C.  1,   1917,  Ex.  Session.) 

(22)  Public  defense. 

That  because  a  state  of  war  exists  between  the  United  States  of  America  and  the 
Imperial  German  Government  and  it  is  necessary  for  the  successful  prosecution  of  such 
war  that  the  production  and  conservation  of  foods  be  promoted  and  encouraged,  it  is 
hereby  declared  that  this  Act  is  necessary  to  provide  for  the  public  defense. 

(C.  1,  1917,  Ex.  Session.) 

(23)  Confirmed  as  state  educational  institution. 

(Sec.  11,  Art.  XII,  State  Const.) 

SCHOOL   OF   MINES. 
(ARTICLE   5  ) 

(  1  )  Confirmation  as  State  educational   institution. 

(  2  )  Objects,   courses. 

(3  )  Management;    corporate  powers,   etc. 

(  4  )  Officers,    qualifications. 

(  5  )  President  powers,   Pres.   pro.   tern. 

(  6  )  Secretary    and   Treasurer;    duties,    records. 

(  7  )  Regents;  powers. 

(  8  )  Faculties. 

(  9  )  Degrees  and  diplomas. 

(10)  Employes;    removal. 

(11)  Tuition. 

(12)  Assays,  compensation. 

(13)  State  school. 

(14)  Lands. 

(15)  Appropriation. 

(1)  §  5139.     Objects— Studies. 

Sec.  122.  The  object  of  the  New  Mexico  School  of  Mines  is  to  furnish  facilities  for 
the  education  of  such  persons  as  may  desire  to  receive  instruction  in  chemistry,  metallurgy, 
mineralogy,  geology,  mining,  milling,  engineering,  mathematics,  mechanics,  drawing,  the 
fundamental  laws  of  the  United  States,  and  the  rights  and  duties  of  citizenship,  and 
such  other  courses  of  study^  not  including  agriculture,  as  may  be  prescribed  by  the  board 
of  regents. 

(C.  L.  1897,   §3593.) 

(2)  §  5140.     Board  of  regents — Corporate  powers — Quorum. 

Sec.  123.  The  management  and  control  of  said  school  of  mines,  the  care  and  preserva- 
tion of  all  property  of  which  it  shall  become  possessed,  the  erection  and  construction  of 
all  buildings  necessary  for  its  use,  and  the  disbursement  and  expenditure  of  all  moneys, 
shall  be  vested  in  a  board  of  five  regents.  Said  regents  and  their  successors  in  office 
shall  constitute  a  body  corporate,  under  the  name  and  style  of.  The  Eegents  of  the  New 
Mexico  School  of  Mines,  with  the  right,  as  such,  of  suing  and  being  sued,  of  contracting 
and  being  contracted  with,  of  making  and  using  a  common  seal  and  altering  the  same 
at  pleasure,  and  of  causing  all  things  to  be  d-one  necessary  to  carry  out  the  provisions 


26  STATE  EDUCATIONAL  INSTITUTIONS 

of  this  article.     A  majority  of  the  board  shall  constitute  a  quonim  for  the  transaction  of 
business,  but  a  less  number  may  adjourn  from  time  to  time. 

(C.  L.   1897,    §3594.) 

(For  appointment  see  Constitution,  Art.  XII,    Sec.   13.) 
(For  qualifications  see  Constitution,  Art.  VII,   Sec.  2.) 
(For  filling  of  vacancies  see  Constitution,  Art.  XX,  Sec.  5.) 

(3)  §  5141.     Officers — ^Bond  of  secretary  and  treasurer. 

Sec.  124.  The  school  officers  shall  be  the  same  regents,  be  elected  in  the  same  manner 
and  at  the  same  time,  and  possess  the  same  qualifications  as  the  officers  of  the  University 
of  New  Mexico,  and  the  secretary  and  treasurer  so  elected  shall  give  bond  in  the  sum  of 
ten  thousand  dollars  in  the  manner  provided  in  Section  5121. 

(C.   L.    1897,    §3595.) 

(4)  §5142.     President — Powers. 

Sec.  125.  The  president  of  said  board  shall  be  the  chief  executive  officer,  shall  preside 
at  all  meetings  thereof,  except  that  when  he  is  absent  the  board  may  appoint  a  president  pro 
tem.,  sign  all  instruments  required  to  be  executed  by  said  board;  he  shall  also  direct  the 
affairs  generally  of  the  said  School  of  Mines,  shall  nominate  and  by  and  with  the  advice 
of  said  board  of  regents,  appoint  all  professors,  instructors,  tutors  and  other  employes 
necessary  to  the  proper  conduct  of  said  School  of  Mines,  and  in  like  manner  shall  deter- 
mine the  amount  of  their  respective  salaries. 
(0.  L.   1897,   §3596.) 

(5)  §5143.     Secretary  and  treasurer — Duties — Records. 

Sec.  126.  The  secretary  and  treasurer  shall  be  the  financial  and  recording  officer  of 
said  board,  shall  keep  a  true  and  correct  account  of  all  moneys  received  and  expended  by 
him,  shall  attest  all  instruments  required  to  be  signed  by  the  president  of  said  board,  and 
shall  keep  a  true  and  correct  record  of  all  the  proceedings  of  said  board  and,  generally, 
do  all  other  things  required  of  him  by  said  board. 
(C.  L.   1897,   §3597.) 

(6)  §5144.    Board  of  regents — ^Powers. 

Sec.  127.  The  board  of  regents  shall  have  power  and  it  shall  be  their  duty  to  enact 
by-laws,  rules  and  regulations  for  the  government  of  such  School  of  Mines,  not  inconsistent 
with  the  laws  of  the  State,  and  they  shall  also  prescribe  the  text  books  to  be  used,  the 
course  of  study,  the  branches  to  be  taught,  the  number  of  departments  into  which  said 
school  shall  be  divided  and  to  change  the  same  from  time  to  time;  to  fix  the  scholastic 
year,  provide  apparatus,  mineral  and  geological  -cabinets,  and  do  all  and  everything  neces- 
sary in  and  about  the  premises  with  a  view  to  promoting  the  best  interests  of  said  insti- 
tution. 

(C.  L.  1897,    §3598.) 

(7)  §  5145.     Faculties. 

Sec.  128.  The  immediate  government  of  their  several  departments  shall  be  intrusted 
to  their  several  faculties. 

(C.  L.   1897,    §3599.) 

(8)  §5146.  Degrees  and  diplomas. 

Sec.  129.  The  board  of  regents  shall  have  power  to  confer  such  degrees  and  grant 
such  diplomas  as  are  usually  conferred  and  granted  by  other  similar  schools. 

(C.  L.   1897,  §3600.) 

(9)  §  5147.    Removal  of  employes. 

Sec.  130.  The  regents  shall  have  power  to  remove  any  officer,  tutor  or  instructor,  or 
employe  connected  with  said  school,  when  in  their  judgment  the  best  interests  of  said 
school  require  it. 

(C.  L.  1897,   §3601.)' 

(10)  §  5148.     Tuition. 

Sec.  131.  Said  School  of  Mines  shall  bo  a  place  for  instruction  in  the  branches  men- 
tioned in  Section  5139,  with  or  without  charge  to  residents  of  this  State,  as  shall  be 
deemed  best  by  the  trustees,  but  non-residents  shall  be  admitted  to  the  privileges  of  such 
school  upon  such  terms  as  the  regents  shall  prescribe. 

(C.   L.    1897,   §3602.) 

(11)  §5149.    Assays,  etc. — Compensation. 

Sec.  132.  The  botiid  of  regents  shall  require  such  compensation  for  all  assays, 
analyses,  mill  tests  or  other  services  performed  by  said  institution  as  they  may  deem 
reasonable,  and  the  same  shall  be  collected  and  paid  into  the  treasury  of  the  School  of 


STATE  EDUCATIONAL  INSTITUTIONS  27 

t 

Mines  for  said  institution^  and  an  accurate  account  thereof  shall  be  kept  in  a  book  to  be 
provided  for  that  purpose. 
(C.  L.   1897,   §3603.) 

(12)  §5150.     Declared  a  state  school. 

Sec.  133.     The  New  Mexico  School  of  Mines  shall  be  the  State  School  of  Mines. 
(C.  L.  1897,   §3604.) 

(13)  §  5151.     Preparatory  department — Tuition  in  state  schools. 

Sec.   134.     The   New  Mexico   School   of   Mines   shall,   in   addition   to    the   course   now 
provided  for,  maintain  a  preparatory  department. 
(C.   L.    1897,    §3605.) 

(14)  Lands. 

Act  of  Congress,  5-20-1910 150,000    acres 

Maintenance '. r $13,000 

(S.  B.  Laws   1919.) 

(15)  Appropriations. 

8th    and    9th    Fiscal    years $13,000 


MILITARY    INSTITUTE 

(ARTICLE  6.) 

(See   also   page    15.) 

( 1 ) 

Confirmation  as   State  educational   institution. 

(  2  ) 

Regents,   compensation. 

(  3  ) 

Officers. 

(4) 

Purpose  and  standard. 

(5  ) 

Regents,  powers. 

(6  ) 

Lands,    sale. 

(  7  ) 

Deeds. 

(  8  ) 

Lands. 

(9  ) 

Tuition. 

(10) 

Officers,   rank. 

(11) 

Cadets,    division. 

(12) 

Ordnance  and  stores. 

(13) 

Inspection. 

(14) 

Cadets   commissions. 

(15) 

Appropriations. 

(1)  Confirmed  as  State  educational  institution. 

(Sec.   11,  Art.  XII,   State  Constitution.) 

(2)  §  4988.    Board  of  regents — Compensation. 

Sec.  182,  The  New  Mexico  Military  Institute,  at  Eoswell,  shall  be  under  the  supervi- 
sion and  control  of  a  board  of  five  regents,  to  serve  without  compensation,  to  be  appointed 
by  the  governor,  by  and  with  the  advice  and  consent  of  the  Senate,  for  a  term  of  four 
years,  and  not  more  than  three  of  them  shall  belong  to  the  same  political  jjarty  at  the  time 
of  their  appointment. 

(C.  L.  1897,  §  3661.) 

(See  Constitution,  Art.  XII,  Sec.  13.) 

(3)  §  4989.    President — Secretary  and  treasurer — Duties. 

Sec.  183.  The  said  board  shall  organize  and  elect  from  their  number  a  president  and 
secretary  and  treasurer,  who  shall  do  and  perform  all  the  duties  that  shall  be  incumbent 
upon  them  as  such  officers. 

(C.  L.  1897,   §  3662.) 

(4)  §  4990.    Purpose  and  standard. 

Sec.  184.  It  shall  be  the  duty  of  the  board  of  regents  to  maintain  and  control,  at  Eos- 
well,  a  military  institute  for  the  education  and  training  of  the  youth  of  this  country,  of  as 
high  a  standard  as  like  institutions  in  other  states  and  territories. 

(C.  L.   1897,    §3663.) 

(5)  §  4991.    Board  of  regents — ^Powers. 

Sec.  185.  The  said  board  shall  have  full  power  and  authority  to  make  such  rules  and 
regulations  concerning  the  government  and  course  of  said  institute  as  they  may  deem 
proper;  to  make  contracts  with  teachers;  to  erect  buildings  and  make  such  other  ipaprove- 
ments  as  the  institute  may  require. 

(C.   L.   1897,    §3664.) 


28  STATE  EDUCATIONAL  INSTITUTIONS 

(6)  §  4992.     Sale  of  lands. 

Sec.  186.  The  said  board  of  regents  shall  have  power  to  sell,  lease  or  otherwise  dispose 
of,  as  to  them  may  seem  best  for  the  benefit  of  the  institute,  the  lands  and  property  donated 
by  the  citizens  of  Chaves  county  to  said  institute  before  February  23,  1893,  except  forty 
acres  surrounding  the  site  of  the  institute,  which  shall  be  forever  set  apart  for  the  use  of 
the  institute. 

(C.    L.    1897,    §3665.) 

(7)  §  4993.    President — Execution  of  deeds,  etc. 

Sec.  187.  That  all  deeds  for  the  sale  of  lands  and  all  contracts  made  by  the  said  board 
shall  be  signed  by  the  president. 

(C.  L.   1897,   §3666,) 

(8)  Lands. 

Act  of  Congress,  5-20-1910 ; .100,000  acres 

(9)  §  4994.    Tuition. 

Sec.  188.  The  regents  of  the  New  Mexico  Military  Institute  may  charge  a  larger 
tuition  fee  than  provided  in  Section  516f4  if  it  is  deemed  necessary  to  do  so  to  maintain 
said  institute. 

(C.  L.  1897,   §  3671.)       (See  Page  29,    (15.) 

(10)  §  4995.    Military  rank  of  officers. 

Sec.  18^.  That  for  the  better  government  and  enforcement  of  discipline  in  the  New 
Mexico  Institute,  located  at  Boswell,  the  superintendent,  commandant  of  cadets  and  in- 
structors in  said  institute  shall  be  commissioned  as  aides-de-camp  on  the  staff  of  the 
governor  and  commander-in-chief,  in  addition  to  the  number  of  aides-de-camp  otherwise 
provided  by  law;  the  superintendent  to  have  the  rank  of  colonel,  the  commandant  of 
cadets  to  have  the  rank  of  captain,  who  shall  hold  ofl&ce  as  such  during  the  time  they  are 
employed  in  such  capacity  in  said  institute  and  no  longer,  and  they  will  be  allowed  to  wear 
the  uniform  of  their  rank  while  on  duty  in  the  institute,  and  upon  all  public  occasions 
when  the  national  guard  is  under  arms  or  the  staff  of  the  governor  and  commander-in-chief 
shall  be  ordered  out. 

(L.    1901,    C.    63,    §1.) 

(11)  §4996.     Military  division  of  cadets. 

Sec.  190.  The  superintendent  of  the  Military  Institute  shall  have  power  to  divide  the 
students  of  the  institute  into  companies  and  battalions  and  to  appoint  company  and  bat- 
talion officers,  and  non-commissioned  officers,  who  shall  hold  their  offices  at  the  pleasure  of 
the  superintendent.  Commissions  shall  be  issued  by  the  superintendent  to  company  and 
battalion  officers  to  be  known  as  cadet  commissions,  which  shall  be  signed  by  the  superin- 
tendent and  commandant  of  cadets,  and  a  record  kept  of  the  same  by  the  commandant 
showing  the  date  of  all  such  commissions,  and  the  expiration  of  the  same  and  for  what  cause. 
The  superintendent  shall  have  power  to  prescribe  the  number  and  rank  and  duties  of  cadets, 
and  non-commissioned  officers  conforming  so  far  as  practicable  to  the  laws  governing  the 
national  guard  of  the  State. 

(L.   1901,  C.   63,    §     2.) 

(12)  §  4997.    Ordnance  and  stores — Custody — Report. 

Sec.  191.  It  shall  be  the  duty  of  the  superintendent  to  provide  a  safe  and  convenient 
place  for  the  keeping  and  preservation  of  all  ordnance  and  quartermaster's  stores  received 
from,  the  State  for  the  use  of  the  institution,  and  on  and  before  the  thirty-first  day  of  De- 
cember in  each  year  he  shall  make  a  report  to  the  adjutant  general  of  the  State  of  all  such 
stores  on  hand,  and  in  such  report  he  shall  show  their  condition,  whether  serviceable  or 
unserviceable,  and  if  any  of  such  stores  should  be  lost  or  destroyed,  the  manner  of  their 
loss  or  destruction. 

(L.    1901,    C.    63,    §  3.) 

(13)  §  4998.    Annual  inspection  by  adjutant  general. 

Sec.  192.  The  governor  and  commander-in-chief  shall  cause  the  adjutant  general  to 
make  an  annual  inspection  of  the  discipline,  course  of  study  and  general  management  of 
the  Military  Institute,  a  report  of  which  inspection  shall  appear  in  the  annual  report  of  the 
adjutant  general. 

(L.  1901,  C.  63,  §4.) 

(14)  §,4999.    OomxniBBions  for  cadets  in  national  guards. 

Sec.  193.  The  two  cadets  of  the  Military  Institute  who  shall  at  graduation  have  the 
highest  standing  in  the  graduating  class,  shall  receive  from  the  governor  and  commander- 


STATE  EDUCATIONAL  INSTITUTIONS  29 

in-chief  commissions  as  second  lieutenants  in  the  national  guard  of  the  State,  and  be 
assigned  to  duty  to  fill  any  vacancy  in  that  grade  occurring  in  any  national  guard  organ- 
ization stationed  in  the  county  of  their  residence  without  examination. 

(L.    1901,    C.    63,    §5.) 

(15)     Appropriations,  eighth  and  ninth  fiscal  years. 

Maintenance   $50,000 

(Providing  that  beginning  with  the  scholastic  year  of  1919-20  all  non-resident  pupils 
attending  said  New  Mexico  Military  Institute  shall  pay  for  board  and  tuition  at  such  insti- 
tution not  less  than  the  actual  average  cost  thereof  for  each  scholastic  year.) 
(S.  B.   75,  Laws   1919.) 

NORMAL   SCHOOLS. 

(ARTICLE    7.) 

(A)      Normal  University  and  Normal   School. 


(1 
(2 
(  3 
(4 
(5 
(  6 
(  7 
(8 
(9 
(10 
(11 
(12 
(13 
(14 
(15 
(16 
(B) 
(17 
(18 
(19 
(20 
(21 


Confirmation   as    State   educational   institutions. 
Names. 

Management;    powers. 
Officers,  bond. 
Meetings. 

Lands,    Normal   University. 
Lands,  Normal  School. 
Appropriations,    Normal  University. 
Appropriations,  Normal  School. 
Powers;   superintendent;    courses;   admission. 
President;    Secretary. 
Regents;    compensation. 
Students,   railroad  fare. 

Normal  university;    manual   training;    kindergarten   training. 
Sectarianship. 
Eminent  domain. 
Spanish  American  Normal   School. 
Creation;    object. 
Management. 
Courses;    students. 
Lands. 
Appropriation. 


(1)  Confirmed  as  State  educational  institutions. 

(Sec.   11,  Article  XII,   State  Constitution.) 

(2)  §  4974.     Names — ^New  Mexico  Normal  University — New  Mexico  Normal  School. 

Sec.  168.  The  State  educational  institution  at  Las  Vegas  shall  be  known  by  the  name 
and  title  of  the  New  Mexico  Normal  University,  and  the  State  educational  institution  at 
Silver  City  shall  be  known  by  the  name  and  title  of  the  New  Mexico  Normal  School. 

(C.   L.    1897,    §3651.) 

(3)  §  4975.    Board  of  regents — Corporate  powers. 

Sec.  169.  Said  normal  schools  shall  each  be  controlled  and  managed  by  a  board  of 
regents  consisting  of  five  members  to  be  appointed  by  the  governor,  by  and  with  the  advice 
and  consent  of  the  senate,  for  a  term  of  four  years,  and  not  more  than  three  of  whom  shall 
belong  to  the  same  political  party  at  the  time  of  their  appointment.  The  members  of  such 
board  shall  be  qualified  electors  of  the  State  and  owners  of  real  estate  therein.  Each  such 
board  shall  constitute  a  body  politic  and  corporate,  and  shall  have  power  to  sue  and  be 
sued,  to  contract  and  be  contracted  with,  and  the  title  to  all  property  belonging  to  each 
such  normal  school  shall  be  vested  in  the  respective  corporate  bodies  and  their  successors. 

(C.   L.   1897,    §3652.) 

(Constitution,   Art.   XII,    §13.) 

(As  to  qualifications  of  members,  see  Constitution,  Art.  VII,    §2.) 

(4)  §  4976.    President  and  secretary  and  treasurer — Election — Bond  of  secretary. 

Sec.  170.  Each  of  such  boards  shall  annually  elect  one  member  thereof  as  president 
and  another  member  as  secretary  and  treasurer,  and  such  officers  shall  hold  their  offices 
until  their  successors  shall  be  elected  and  qualified.  The  secretary  and  treasurer  shall  exe- 
cute his  bond  to  the  State  of  New  Mexico  for  not  lesS  than  twenty  thousand  dollars,  with 
at  least  two  freehold  sureties,  residents  of  the  State,  which  shall  be  conditioned  for  the 
faithful  performance  of  the  duties  of  such  secretary  and  trasurer,  and  shall  be  approved 
by  the  Governor  and  filed  in  the  office  of  the  Secretary  of  State. 

(C.   L.   1897,   §3653.) 

(5)  §  4977.    Board  of  regents — Meetings — Quorum. 

Sec.  171.  Each  of  said  boards  of  regents  shall  hold  at  least  four  meetings  during  each 
year  at  their  respective  normal  schools  for  the  purpose  of  discharging  their  duties,  the  time 
of  such  meetings  to  be  fixed  by  such  board,  and  the  president  of  such  board  may  call  special 


30  STATE  EDUCATIONAL  INSTITUTIONS 

meetings  thereof  when  in  his  judgment  the  business  of   such  schools  demands  the   same. 
Three  members  of  such  boards  shall  constitute  a  quorum  for  the  transaction  of  business. 

(C.   L.   1897,    §3654.) 

(6)  Lands,  to  Normal  University. 

Act  of  Congress,  6-21-98 50,000  acres 

Act  of  Congress,  5-20-10 56,666  acres 

Total    106,666  acres 

(7)  Lands,  to  Normal  School. 

Act  of  Congress,  6-21-98 50,000  acres 

Act  of  Congress,  5-20-10 56,666  acres 

Total    106,666  acres 

(8)  Appropriations  eighth  and  ninth  fiscal  years.  Normal  University. 

Maintenance   $43,000 

Heating  plant,  eighth  fiscal  year 10,000 

Heating  plant,  ninth  fiscal  year 5,000 

.     (S.  B.  75,  Laws  1919.) 

(9)  Appropriations  eighth  and  ninth  fiscal  years,  Normal  School. 

Maintenance   $55,000 

(S.  B.  75,  Laws  1919.) 

(10)  §  4978.     Id. — Powers — Superintendent — Studies — Admission  of  students. 

Sec.  172.  Said  boards  of  regents  shall  have  full  and  complete  power  and  control  over 
their  respective  normal  schools.  Each  board  shall  employ  a  superintendent  or  principal 
for  such  school  who  shall  have  the  supervision  and  control  of  the  school  under  such  rules 
and  regulations  as  may  be  provided  by  suet  board.  Such  board  shall  determine  and 
provide  as  to  what  branches  of  learning  shall  be  taught  in  such  school  and  the  classification 
and  order  of  the  same,  and  shall  also  direct  the  number  of  teachers  that  shall  be  employed, 
and  shall  determine  the  compensation  to  be  paid  to  the  superintendent  and  teachers.  Such 
board  shall  also  prescribe  upon  what  terms  and  conditions  pupils  shall  be  admitted  to  such 
school,  but  no  pupils  shall  be  admitted  who  are  not  residents  of  this  state,  except  on 
payment  of  a  tuition  fee  to  be  prescribed  by  the  board  of  regents  for  each  term. 

(L.  1899,  C.   18,   §4.) 

(11)  §4979.    President  and  secretary — Duties — Reports. 

Sec.  173.  The  President  of  each  board  shall  preside  at  all  meetings  thereof  and  shall 
sign  the  proceedings  of  the  same,  and  shall  sign  all  orders  directed  by  the  board  to  be 
drawn  upon  the  treasurer  thereof  for  the  payment  of  money.  In  the  absence  of  the 
president  at  any  meeting  of  the  board,  the  members  present  shall  elect  a  president  pro 
tem.  The  secretary  of  the  board  shall  have  charge  of  the  records,  books,  and  papers 
belonging  to  such  board,  and  shall  keep  a  record  of  the  proceedings  of  such  board,  and 
shall  issue  and  attest  all  orders  directed  by  the  board  to  be  drawn  upon  the  treasurer  of 
the  same  for  the  payment  .of  money.  Such  secretary,  as  treasurer,  shall  have  the  care  and 
custody  of  all  moneys  belonging  to  such  school,  and  he  shall  pay  out  the  same  only  upon 
orders  drawn  upon  him  by  direction  of  the  board  of  regents  and  signed  by  the  president 
thereof;  and  at  each  regular  meeting  of  such  board  such  treasurer  shall  submit  to  the 
same  a  statement  showing  a  full  account  of  the  condition  of  financial  affairs  of  such  school. 

(C.  L.   1897,   §3656.) 

(12)  §4980.    Board  of  regents  and  secretary — Compensation. 

Sec.  174.  The  members  of  the  respective  boards  of  regents  shall  be  entitled  to  the 
sum  of  two  dollars  per  day  during  the  time  they  shall  be  employed  in  the  actual  discharge 
of  their  duties,  and  five  cents  per  mile  for  each  mile  necessarily  traveled  in  going  to  and 
returning  from  their  places  of  residence  to  the  place  of  meeting  of  such  board;  but  the  per- 
son who  is  elected  as  secretary  and  treasurer  of  such  board  shall  be  entitled  to  receive  three 
dollars  per  day  durtng  the  sessions  of  such  board,  and  mileage  as  above  provided. 

(C.  L.  1897,  53657.) 

(13)  §  4981.    Railroad  fare  for  normal  school  students. 

Sec.  175.  The  Board  of  liegents  of  the  New  Mexico  Normal  University  and  the  New 
Mexico  Normal  School  are  hereby  empowered  and  directed  to  set  aside  out  of  the  regular 
appropriation  for  each  of  these  institutions,  the  sum  of  Fifteen  Hundred  Dollars,  to. pay 
the  railroad  fare  in  excess  of  seventy-five  miles,  both  going  to  and  coming  from  said  in- 
stitutions, of  all  persons  who  enroll  with  a  view  of  preparing  to  teach  in  the  schools  of  New 
Mexico.     Provided,  that  such  students  shall  be  bona  fide  residents  of  New  Mexico  at  the 


STATE  EDUCATIONAL  INSTITUTIONS  '31 

time  of  entering  sucli  institution,  shall  have  attended  continuously  for  not  less  than  eight 
weeks,  and  shall  file  with  the  president  of  the  institution  a  declaration  of  their  intention 
to  teach  in  the  State  of  New  Mexico.  The  railroad  fare  thus  provided  for  shall  be  paid  but 
once  each  scholastic  year  and  over  the  shortest  practical  route  of  travel. 

(L.   1913,  C.  83,   §2.) 

(This  is  from  the  appropriation  act  of  1913,  in  which  it  appears  twice.) 

(14)  §4982.     Tlie    New    Mexico    Normal    University — Manual    Training — Kindergarten 

training  school. 

Sec.  176.  There  are  hereby  established  as  branches  or  departments  of  said  New 
Mexico  Normal  University,  to  be  carried  on  at  Las  Vegas,  a  school  of  manual  training  for. 
the  State  of  New  Mexico,  the  object  of  which  shall  be  to  instruct  pupils,  and  to  train  and 
qualify  teachers  to  teach  the  use  of  hands  and  tools  in  the  various  useful  arts  of  practical 
value  to  the  people  of  the  state;  and  also  a  kindergarten  training  school  to  qualify  teachers 
of  the  state  to  use  that  system  of  teaching  in  the  primary  schools. 
(L.   1899,  C.   18,   §2.) 

(15)  §4983.  Non-sectarian. 

Sec.  177.  Said  institution  shall  be  forever  strictly  non-sectarian  in  its  character  and 

management,  and  no  creed  or  system  of  religion  shall  be  taught,  practiced,  or  exercised 
in  it. 

(L   1899,   C.   18,    §3.) 

(See   Constitution,    Art.    XII,    Sec.    9,    and   Art.    XXI,    Sec.    4.) 

(16)  §  4984.     Eminent  domain — Condemnation. 

Sec.    178.     The    provisions    of    section    5152    shall   be    applicable    to    the    New    Mexico 
Normal  University  with  the  same  force  and  effect  as  if  said  institution  had  been  one  of 
those  mentioned  therein. 
(L.    1899,   C.   18,    §6.) 

SPANISH  AMERICAN  NORMAL  SCHOOL. 

(17)  §  4985.     Spanish- American  Normal  school — Establishment — Location. 

Sec.  179.  The  object  of  the  Spanish-American  School  at  El  Rito  shall  be  to  educate 
Spanish-speaking  natives  of  New  Mexico  for  the  vocation  of  teachers  in  the  public  schools 
of  the  counties  and  districts  where  the  Spanish  language  is  prevalent. 

(L.   1909,  C.  97,   §1.) 

(18)  §  4986.     Management — Trustees,  appointment,  etc. 

Sec.  180.     The  management  and  control  of  said  Spanish-American  School,  the  appoint- 
ment, qualification,  powers  and  duties  of  its  regents,  shall  be  the  same  as  provided  for 
the  New  Mexico  Reform  School  and  other  institutions  so  far  as  applicable. 
(L.   1909,   C.   97,    §2.) 

(19)  §4987.     Instruction — Scholars  obliged  to  teach — Entrance  qualifications. 

Sec.  181.  The  courses  of  instruction  at  said  Spanish-American  school  shall  be  particu- 
larly arranged  for  the  training  and  qualification  of  teachers  to  give  instructions  in 
English  in  the  ordinary  rural  public  schools  of  the  state,  and  especially  in  those  where 
the  greater  part  of  the  scholars  belong  to  Spanish-speaking  families. 

Every  scholar  admitted  to  said  school  shall  sign  an  obligation  agreeing,  in  case  he  or 
she  graduates,  to  teach  at  least  two  years  in  public  schools  of  the  state,  unless  excused  for 
good  cause  by  the  State  Board  of  Education. 

No  scholar  shall  be  received  in  said  school  who  has  not  passed  the  fourth  grade  as 
established  in  the  public   schools  of  New  Mexico  in   a   satisfactory  manner;    or   passes  a 
satisfactory  examination  for  entrance  in  the  fifth  grade;  and  the  regents  of  said  school  are 
directed  to  make  regulations  to  insure  compliance  with  this  provision. 
(L.   1909,   C.   97,   §3.) 

(20)  Lands. 

Act  Congress,  6-21-98 56,666  acres 

(21)  Appropriations  8th  and  9th  fiscal  years. 

Maintenance   .  . ' $11,250 

(S.  B.  75,  Laws  1919.) 

DEAF   AND    DUMB    ASYLUM. 
(ARTICLE   8.) 

(  1  )  Confirmed  as  State   educational   institution. 

(  2  )  Name. 

(  3  )  Management;  appointment;    officers;    indebtedness;    reports. 

(  4  )  Management;  powers. 


32  STATE  EDUCATIONAL  INSTITUTIONS 

(  5  )  Trustees;   powers  and  duties. 

(  6  )  Admission;    instruction. 

(  7  )  Lands. 

(  8  )  Appropriations. 

(1)  Confirmed  as  State  Educational  Institution. 

(Sec.    11,   Art.  XII,    State  Constitution.) 

(2)  §  5101.     Asylum  for  deaf  and  dumb. 

The  .name  of  the  asylum  for  the  deaf  and  dumb  is  to  be  known  as  the  "New  Mexico 
Asylum  for  the  Deaf  and  Dumb." 

(L.  1903,  C.  2,   §1.) 

(3)  §5102.    Board  of  regents — Appointment  —  Officers — Superintendent — Indebtedness — 

Report. 

The  said  asylum,  shall  be  under  the  control  and  management  of  a  Board  of  Regents 
consisting  of  five  members  to  be  appointed  by  the  Governor,  by  and  with  the  advice  and 
consent  of  the  Senate  for  a  term  of  four  years.  Not  more  than  three  of  them  shall  belong 
to  the  same  political  party  at  the  time  of  their  appointment.  Said  board  shall  make  its  own 
rules  and  regulations  for  the  government  of  its  meetings  and  the  institution  under  its 
care.  Annually  on  the  second  Monday  of  April  said  board  shall  elect  from  among  their 
number  a  president  and  a  secretary. 

The  board  shall  have  full  power  and  authority  to  employ  a  superintendent,  teachers 
and  all  other  necessary  employes  to  carry  on  the  said  asylum  in  the  most  efficient  manner 
with  the  appropriations  made  therefor,  with  full  power  to  provide  suitable  buildings, 
additions  to  existing  buildings,  and  otherwise  enlarging  and  improving  the  buildings  and 
property  now  occupied  by  said  asylum: 

Provided,  that  it  shall  be  unlawful  for  any  member  or  members  of  said  board  to  incur 
any  indebtedness  or  provide  any  improvements,  repairs,  or  enlarge  said  buildings,  except 
for  current  expenses,  unless  there  shall  be  money  on  hand  in  the  treasury  subject  to  be  used 
for  such  purposes. 

Such  board  shall  serve  without  compensation  or  salary  except  that  they  may  be 
refunded  actual  cash  expended  by  them  in  necessarily  attending  the  meetings  of  such  board. 

The  said  board  shall  biennially,  in  the  years  when  the  state  legislature  meets,  present 
to  the  Governor  a  full  and  detailed  report  including  an  itemized  statement  of  all  expendi- 
tures and  of  all  its  doings  and  actions  during  the  previous  two  years,  with  such  information 
and  recommendations  as  it  may  deem  necessary  and  advisable  for  the  Governor  and  the 
legislature  to  act  upon. 

(L.  1899,   C.  42,    §2.) 

(4)  §  5109.    Management — Trustees — Qualification  and  terms — Powers. 

Sec.  92.  The  management  and  control  of  each  of  said  institutions  mentioned  in  this 
article,  the  care  and  preservation  of  all  property  of  which  they  shall  become  possessed, 
the  erection  and  construction  of  all  buildings  necessary  for  their  use,  and  the  disbursement 
and  expenditure  of  all  moneys  appropriated  by  the  State  of  New  Mexico,  or  which  shall 
otherwise  come  into  their  possession,  shall  be  vested  in  a  board  of  five  trustees,  one  of 
such  boards  for  each  of  said  institutions.  Said  trustees  shall  possess  the  same  qualifications, 
shall  be  appointed  in  the  same  manner,  and  their  terms  of  office  shall  be  the  same  and 
the  vacancies  therein  shall  be  filled  in  the  same  manner  as  is  provided  by  law  with 
reference  to  the  regents  of  the  State  University  at  Albuquerque,  New  Mexico.  Said  trustees 
and  their  successors  in  office  shall  constitute  a  body  corporate,  under  the  name  and  style 
of  "The  Trustees  of  the  New  Mexico  Asylum  for  the  Deaf  and  Dumb,"  "The  Trusteesi  of 
the  New  Mexico  Reform  School,"  "The  Trustees  of  the  New  Mexico  Institute  for  the 
Blind"  and  "The  Trustees  of  the  Miners'  Hospital  of  New  Mexico,"  respectively,  with  the 
right  as  such  of  suing  and  being  sued,  of  contracting  and  being  contracted  with,  of  making 
and  using  a  common  seal  and  altering  the  same  at  pleasure,  and  of  causing  all  things  to 
be  done  necessary  to  carry  out  the  provisions  of  this  article.  A  majority  of  such  board  of 
any  of  the  above  institutions  shall  constitute  a  quorum  for  the  transaction  of  business,  but 
a  less  number  may  adjourn  from  time  to  time.  The  officers  of  each  of  said  boards  shall 
bo  elected  in  the  same  manner  and  possess  the  same  qualifications  as  the  officers  of  the 
University  of  New  Mexico  now  possess;  and  the  secretary  and  treasurer  respectively  of 
each  such  institutions  located  as  aforesaid,  shall  each  give  bond  in  the  sum  of  ten  thousand 
dollars,  ($10,000)  to  the  State  of  New  Mexico,  with  two  or  more  sufficient  sureties  resident 
of  this  state,  or  by  duly  authorized  surety  company,  conditioned  for  the  faithful  perform- 
ance of  their  duties,  and  that  they  will  faithfully  account  for  and  pay  over  to  the  person 
or  persons  entitled  thereto,  at  the  time  and  in  the  manner  provided  by  law,  or  pursuant  to 
contract,  all  moneys  which  shall  come  into  their  hands  as  such  officers,  which  bond  shall  be 
approved  by  the  judge  of  the  district  court  within  whose  district  the  said  institution  is 
located,  and  after  approval  shall  be  filed  and  recorded  in  the  office  of  the  secretary  of 


STATE  EDUCATIONAL  INSTITUTIONS  33 

state.     The  Governor  shall  be  ex-officio  a  member  of  each  of  said  boards,  but  shall  not 
have  the  right  to  vote  or  be  eligible  to  office, 

(L.   1903,   C.   2,    §  6.) 

(5)  §5110.     Boards  of  trustees — Duties  and  powers. 

Sec.  93.  The  boards  of  each  of  said  institutions  shall  have  power,  and  it  shall  be 
their  duty,  to  pass  and  enforce  by-laws,  rules  and  regulations  for  the  government  of  such 
institutions,  for  the  proper  carrying  out  of  their  several  objects,  not  in  conflict  with  the 
laws  of  the  State  of  New  Mexico,  or  any  act  of  congress,  and  to  provide  all  proper  and 
necessary  books,  apparatus,  instruments,  medicines,  clothing,  food  and  supplies^  and 
other  .materials  or  things  necessary  for  the  proper  conduct  of  the  several  institutions 
hereinbefore  named  and  the  care,  support  and  protection  of  the  inmates  thereof  when 
necessary;  also  to  employ  all  teachers,  physicians,  wardens  or  superintendents  and  employes, 
and  to  prescribe  the  duties  and  compensation  of  each,  and  they  shall  have  full  power  to 
remove  or  discharge  any  officer  or  employe  appointed  or  selected  by  them  in  any  of  such 
institutions,  when  in  their  judgment  the  interest  of  such  institution  shall  require. 

(L.   1903,   C.  2,   §7.) 

(6)  §  5103.     Age  for  admission — Instruction  free — Children  not  residents. 

The  asylum  shall  be  devoted  exclusively  to  the  care  and  instruction  of  the  deaf  and 
mutes,  those  who  are  either  deaf  or  mute,  of  both  sexes  residents  within  the  State  of  New 
Mexico  between  the  ages  of  eight  and  twenty-one  years. 

All  instruction  shall  be  free:  Provided,  that  deaf  or  mute  children  from  other  states 
or  territories  and  Indian  children  under  the  control  of  U.  S.  Indian  agents,  may  be  received 
and  educated  in  said  asylum,  under  such  rules  and  regulations  as  the  board  of  trustees  may 
prescribe;  but  in  no  event  shall  such  children  be  admitted,  except  upon  the  payment  or 
guaranty  of  at  least  two  hundred  and  twenty-five  dollars  for  the  school  year  on  the  basis 
of  nine  months  for  such  year,  and  the  president  of  such  board  of  regents  is  hereby  authorized 
to  make  and  enter  into  on  behalf  of  the  said  asylum,  all  necessary  agreements  and  contracts 
with  the  U.  S.  Government  and  the  proper  authorities  of  such  other  states  and  territories 
for  the  reception  and  education  of  such  children;  and  he  ia  further  authorized  to  receive 
and  receipt  for  all  moneys  paid  upon  such  account  and  to  endorse  and  transfer  all  checks, 
vouchers  or  other  evidences  of  payment  made  or  received  in  behalf  of  such  asylum. 

(L.    1899,   C.   42,    §3.) 

(7)  Lands. 

Act  Congress,  6-21-10 50,000   acres 

(8)  Appropriations,  Sth  and  9th  fiscal  years. 

Maintenance   , $22,000 

(S.  B.  75,  L.  1919.) 

INSTITUTE  FOR  THE  BLIND. 

(ARTICLE  9.) 

(For  Compulsory  Attendance  See  Page  72.) 

(  1  )  Confirmation    as    State    educational    institution. 

(  2  )  Purpose  and  object. 

(  3  )  Appropriations. 

(  4  )  Powers. 

(1)  (Confirmed  as  State  Educational  Institution.) 

(Sec.   11,  Art.  XII,   State  Constitution.) 

(2)  §  5105.     Institute  for  the  blind — Entrance  conditions — Payment  of  charges. 

Sec.  88.     The  New  Mexico  Institute  for  the  Blind  is  intended  and  meant  for  the  proper 
instruction  of  the  blind  youth  of  the  state. 
(L.  1907,  C.  4,  §1.) 

(3)  Appropriations — Sth  and  9th  fiscal  years. 

Maintenance   $27,000 

Completion  hospital,  available  8th  fiscal  year  only *  $7,500 

(S.   B.    75,   Laws   1919.) 

(4)  Powers. 

(Same  as  Deaf  and  Dumb.      See  Page  31.) 


CHAPTER  3. 

EURAL  SCHOOLS  AND  DISTRICTS 

Art.    1.      County   Boards   of   Education.      (Page   34.) 
Art.   2.      County  School  Superintendent.      (Page  38.) 
Art.  3.      School  Directors.      (Page  40.) 
Art.  4,     County  High  Schools.      (Page  42.) 
Art.   5.     Houses  and  Bonds.      (Page  43.) 
(See  also  School  Property,  Finance,  Etc.) 

COUNTY    BOARDS    OF    EDUCATION. 
(ARTICLE   1.) 

(  1  )  Creation,   corporation,  powers. 

(  2  )  Members,   appointment,   terms,   county  superintendent. 

(  3  )  Classification  and  reference. 

(  4  )  Officers,   records,   meetings,   compensation. 

(  5  )  Powers,  general. 

(  6  )  Powers,   school  maintenance  and   management. 

(  7  )  District  boundaries,   location,   expenses. 

(  8  )  District  boundaries,   change  and   consolidation. 

(  9  )  District    boundaries,    inter-county    consolidation,    method. 

(10)  Boundaries,   inter-county  consolidation,   funds. 

(11)  Boundaries,   inter  county  consolidation,    directors. 

(12)  Boundaries,   inter-county  consolidation,   taxes,   effect. 

(13)  Agencies  for  board,  appointment  and  revocation, 

(14)  Property,   title,   eminent  domain. 

(15)  Funds,    apportionment. 

(16)  Funds,  payment,   record. 

(17)  Funds,   warrants,   obligations. 

(18)  Warrants,    certificates    of    indebtedness,    limitation. 

(19)  Grades,   limitation  of,   combination. 

(20)  Flags,  purchase  of. 

(21)  Savings  clause. 

(1)  Creation,  corporation,  powers. 

Sec.  1.  For  the  purpose  of  centralizing  control  over  the  rural  schools  and  more  eco- 
nomically administering  the  funds  thereof,  there  is  hereby  created  in  each  and  every  county 
^n  the  state,  and  in  each  and  every  county  hereafter  created  in  this  state,  a  county  board 
of  education,  which  shall  be  a  public  corporation  capable  of  suing  and  being  sued,  contract- 
ing and  being  contracted  with,  and  acquiring,  holding,  possessing,  and  disposing  of  both 
real  and  personal  property  including  the  power  to  hold  in  trust  all  property  and  funds  for 
the  use  of  any  rural  district,  together  with  such. other  powers  as  are  hereinafter  described. 

Such  corporation  shall  be  styled  " County  Board  of  Education,'^  in  which 

name  it  shall  sue  and  be  sued,  contract  and  be  contracted  with,  acquire,  hold,  possess,  and 
dispose  of  all  real  and  personal  property. 

(C.    105,    L.    1917.) 

(2)  Members,  appointments,  terms,  county  superintendent. 

Sec.  2.  Immediately  after  the  provisions  of  this  act  shall  become  effective  each  of  the 
district  judges  in  the  state,  for  each  county  in  his  respective  district,  shall  appoint  from 
the  electors  of  the  county,  no  more  than  two  of  whom  shall  belong  to  the  same  political 
party,  four  persons  as  members  of  the  county  board  of  education,  at  least  one  of  whom 
shall  be  appointed  from  each  county  commissioner's  district  and  not  more  than  one  of 
whom  shall  be  resident  of  an  incorporated  city,  town,  or  village  in  the  county.  Two  of 
such  appointees  shall  be  designated  by  said  judge  to  hold  office  for  a  term  of  four  years 
and  two  for  a  term  of  two  years  from  and  after  their  appointment  and  qualification. 
Every  two  years  thereafter  each  of  such  judges  shall  appoint  two  members  to  each  of  said 
boards  to  hold  office  for  a  term  of  four  years  and  until  their  successors  are  appointed  and 
qualified,  but  in  no  event  shall  more  than  two  members  of  said  board  be  appointed  from 
among  the  residents  of  any  one  county  commissioner's  district  nor  more  than  one  from 
among  the  residents  of  an  incorporated  city,  town  or  village.  The  county  school  superin- 
tendent of  each  county  shall  be  a  member  of  said  board  and  the  president  and  presiding 
officer  thereof,  but  shall  receive  no  additional  compensation  therefor. 

(C.   105,  L.   1917.) 

(3)  Classification — Reference. 

Sec.  3.     For  the  purpose  of  this  act  incorporated  cities,  towns  and  villages  and  terri- 
tory attached  thereto  for  school  purposes  shall  be  known  as  municipal  school  districts  or 
referred  to  herein  as  municipal  schools  and  all  others  as  rural  school  districts  or  referred 
to  herein  as  rural  schools. 
(C.  105,  L.  1917.) 


RURAL  SCHOOLS  AND  DISTRICTS  35 

(4)  Administration — Compensation. 

Sec.  4.  The  members  of  said  board  shall  annually  elect  one  of  their  members  as  vice 
president  and  one  as  secretary,  the  former  to  preside  at  all  meetings  which  the  president 
thereof  does  not  attend,  the  latter  to  record  and  keep  in  a  book  furnished  for  that  purpose 
all  the  official  proceedings  of  said  board.  All  meetings  shall  be  called  and  attended  by  the 
county  school  superintendent,  but  in  no  case  shall  any  official  business  be  transacted  by 
said  board  in  the  absence  of  the  president  thereof,  except  where  the  waiver  in  writing  of 
his  presence  has  been  filed  with  the  said  board.  The  board  shall  hold  a  meeting  at  least 
once  in  every  two  months  and  shall  have  power  to  call  such  special  meetings  as  the  presi- 
dent shall  deem  necessary.  All  the  members  of  the  said  board  except  the  county  school 
superintendent  shall  be  reimbursed  from  the  school  funds  upon  the  warrant  of  the  presi- 
dent of  said  board  for  money  by  them  expended  for  actual  cost  of  transportation  to  and 
from  the  place  of  meeting,  at  the  rate  of  five  cents  per  mile  for  every  mile  actually  and 
ncessarily  traveled  and  shall,  also,  receive  two  dollars  and  fifty  cents  ($2.50)  per  day  for 
every  day  actually  consumed  in  holding  meetings,  but  no  member  shall  receive  in  any  one 
calendar  year  more  than  the  total  sum  of  twenty-five  dollars  as  per  diem  fees  nor  be  reim- 
bursed for  said  traveling  expenses  for  more  than  ten  meetings  in  any  one  calendar  year. 
The  majority  of  the  board  shall  constitute  a  quorum.  The  books  and  papers  of  said  boards 
shall  be  kept  in  the  office  of  the  county  school  superintendent. 

(C.  105,  L.   1917.) 

(5)  Powers,  general. 

Sec.  5.  The  said  board  shall  have  full  power  and  control  over  all  rural  schools  and 
districts  and  the  funds  thereof,  including  high  schools  in  rural  districts  and  the  funds  there- 
of, except  as  such  power  is  now  conferred  upon  the  State  Board  of  Education  and  the  State 
Superintendent  of  Public  Instruction.  Said  boards  shall,  also,  have  power  to  contract  for 
and  purchase  all  sites,  buildings,  equipment  or  other  property  for  schools.  All  rural  school 
moneys  in  the  respective  county  treasuries  and  all  such  money  credited  or  to  be  cr»?ditei 
to  said  schools  shall  be  expended  and  disbursed  upon  warrant  of  the  county  board  of  edu- 
cation only,  signed  by  the  president  thereof,  and  countersigned  by  the  secretary  thereof, 
and  no  contract  of  expenditure  of  said  funds  or  any  part  thereof  hereafter  made,  except  in 
the  manner  herein  specified,  shall  be  valid.  No  expenditures  shall  be  made  by  said  board 
involving  more  than  two  hundred  dollars  except  upon  written  contract  of  said  board,  and 
no  contract  involving  an  expenditure  of  more  than  five  hundred  dollars  shall  be  made  by 
said  board,  except  upon  sealed  proposals  and  to  the  lowest  responsible  bidder.  All  equip- 
ment and  supplies  for  rural  schools,  whenever  feasible,  shall  be  purchased  by  said  board  in 
quantities  and  at  wholesale'  prices.  Teachers  shall  be  employed  by  the  board  of  school 
directors  with  the  approval  of  the  county  board  of  education. 

(C.   105,  L.   1917.) 

(6)  Powers — Expenses. 

Sec.  8.  County  boards  of  education  and  boards  of  education  of  municipal  districts 
shall  have  power  and  be  required  to  provide,  by  building,  purchasing,  or  leasing,  suitable 
school  houses;  to  keep  same  in  repair,  to  provide  the  necessary  furniture  therefor,  to  pro- 
vide for  fuel  and  light,  for  the  payment  of  teachers'  wages,  as  well  as  other  employees 
excepting  only  the  county  school  superintendent;  to  provide  for  the  payment  of  interest 
on  school  bonds  and  the  redemption  thereof,  and  to  defray  all  other  expenses  connected 
with  the  proper  conduct  of  the  public  schools  in  their  respective  districts. 
(C.  105,  L.  1917.) 

(7)  §  4942.    Boundaries,  locations,  expense  of. 

The  boundary  lines  and  corners  of  all  school  districts  shall  be  accurately  located  by  the 
county  surveyor  of  each  county  at  the  request  of  the  superintendent,  who  shall  prepare  a 
map  showing  the  districts  as  contemplated  in  Section  4905.  The  expense  of  such  proceed- 
ings shall  be  charged  to  the  county  wherein  the  school  district  is  situated  and  be  allowed 
by  the  board  of  county  commissioners  at  the  discretion  of  said  board  not  to  exceed  fifty 
($50.00)  dollars  a  school  district. 
(L.1907,   C.   97,    §23.) 

(8)  Change — Consolidation. 

Sec.  7.  Eural  school  districts  may  be  changed,  abolished,  altered,  and  consolidated 
and  the  boundaries  thereof  altered  or  changed  by  the  respective  county  boards  of  education 
in  their  discretion,  but  nothing  herein  shall  affect  the  provisions  of  Section  4877,  Code  of 
1915.  Provided,  however,  that  the  territory  within  a  school  district  shall  not  be  reduced 
so  as  to  make  its  bonded  indebtedness  exceed  four  per  cent,  of  its  assessed  valuation,  and 
provided  further  that  whenever  a  new  school  district  is  created  or  the  boundaries  of  the 
old  district  materially  altered,  the  county  board  of  education  shall  apportion  the  school 
fund  by  way  of  credit  as  provided  by  law.     After  paying  all  indebtedness  of  the  old  dis- 


36  RURAL  SCHOOLS  AND  DISTRICTS 

trict  that  is  chargeable  to  the  common  school  fund,  if  any  balance  remains,  the  county 
board  of  education  shall  credit  the  said  balance  between  the  old  and  the  new  district  in 
proportion  to  the  number  of  children  of  school  age  in  each.  All  other  resources  such  as 
school  houses,  proceeds  from  sale  of  bonds,  and  all  other  similar  indebtedness  shall  be  di- 
vided between  the  old  and  the  new  districts  in  prop9rtion  to  the  taxable  property  accord- 
ing to  the  assessed  value  in  each.  In  making  such  adjustment  the  county  board  of  educa- 
tion is  authorized  to  use  such  plans  or  means  as  will  best  subserve  the  mutual  interests  of 
the  districts  and  the  decision  of  said  board  thereon  shall  be  final,  subject  only  to  the  right 
of  appeal  to  the  district  courts.  In  the  event  of  a  vacancy  in  the  office  of  school  director 
because  of  the  exercise  of  the  power  herein  contained,  the  same  shall  be  filled  as  provided 
for  in  Section  4854,  Code  of  1915. 

(C.  105,  L.  1917.) 

(9)  Consolidation,  inter-county,  method. 

Sec.  1.  Upon  the  joint  action  of  two  or  more  county  boards  of  education,  having 
jurisdiction,  contiguous  rural  territory,  situate  and  lying  in  a  compact  body  in  two  or  more 
counties,  may  be  consolidated  into  a  school  district  by  a  vote  of  a  majority  of  each  of  the 
said  boards  at  a  joint  meeting  thereof.  The  said  vote  shall  thereupon  be  certified  to  the 
respective  county  clerks  of  said  counties  and  to  the  superintendent  of  public  instruction. 
The  said  vote,  favorable  to  consolidation,  shall  constitute  the  act  of  consolidation.  The 
county  which,  at  the  time  of  the  consolidation,  has  the  larger  or  largest  number  of  school 
children  within  the  consolidated  school  district,  as  shown  by  the  last  official  school  enumer- 
ation preceding  such  consolidation,  shall  be  known  for  the  purposes  of  this  act  as  the  domi- 
nant county,  and  the  others,  the  servient  county  or  counties.  The  board  of  education  of 
the  dominant  county  shall  constitute  the  governing  body  of  said  consolidated  district,  with 
the  same  control  over  the  finances  thereof  as  it  now  has  over  the  other  rural  school  districts 
of  the  county. 

(H.  B.  61,  L.  1919.) 

(10)  Consolidation,  inter-county,  funds. 

Sec.  2. — All  school  funds  of  each  county  contributing  territory  to  said  consolidated 
school  district  shall  be  apportioned  to  the  fraction  of  said  consolidated  school  district  that 
lies  in  such  county,  in  the  same  proportion  per  capita  of  school  children  therein  as 
would  be  required  by  Section  11  of  Chapter  105  of  the  Laws  of  1917,  were  such  fraction  a 
separate  school  district  of  such  county.  Immediately  after  every  apportionment,  the  treas- 
urer of  each  servient  county  shall  transfer  the  amount  due  said  consolidated  school  district 
from  his  county,  to  the  treasurer  of  the  dominant  county  who  shall  credit  the  same  to  said 
consolidated  school  district. 

(H.   B.    61,    L.    1919.) 

(11)  Consolidation,  inter-county,  directors. 

Sec.  3.  Upon  consolidation,  under  the  provisions  of  this  act,  the  school  directors  of 
the  former  school  district  of  the  dominant  county  shall  become  the  directors  of  the  con- 
solidated school  district  until  the  next  regular  election  of  school  directors,  and  shall  have 
all  rights,  powers  and  duties  specified  by  law  for  other  school  directors. 

(H.  B.  61,  L.  1919.) 

(12)  Consolidation,  inter-county,  effect,  taxes. 

Sec.  4.  School  districts  or  parts  of  school  districts  consolidated  under  the  provisions 
of  this  act,  except  as  herein  otherwise  provided,  shall  become,  to  all  intents  and  purposes, 
a  school  district  of  the  dominant  county.  Elections  in  school  matters  being  held  and  con- 
ducted, and  bonds  issued  for  school  purposes  in  the  same  manner  as  are  held  or  done  in 
other  rural  school  districts.  Special  taxes  for  local  school  district  purposes  and  for  the 
payment  of  the  bonds  of  said  consolidated  school  district  shall  be  collected  with  other 
taxes  by  the  dilTerent  counties  on  the  property  in  the  fractions  of  said  consolidated  school 
district  therein  situated,  and  the  treasurer  of  each  of  the  servient  county  or  counties,  shall 
pay  such  taxes  to  the  treasurer  of  the  dominant  county  to  be  used  for  the  purposes  for 
which  they  were  levied. 

(H.  B.  61,  L.  1919.) 

(13)  Agencies,  appointment  and  revocation. 

Sec.  9.     The  county  board  of  education  may  constitute  any  board  of  school  directors 
in  its  county  its  agent  for  the  purpose  of  executing  any  of  the  ministerial  powers  herein 
granted  to  and  chargeable  against  the  said  county  boards  of  education,  which  delegation 
of  authority  shall  be  in  writing  and  may  be  revoked  at  the  pleasure  of  said  board. 
(C.    105,   L.   1917.) 

(14)  Property,  title,  eminent  domain. 

Sec.  6.     The  title  to  all  property,  both  real  and  personal,  of  schools  in  rural  districts 


RURAL  SCHOOLS  AND  DISTRICTS  37 

shall  be  vested,  and  is  hereby  vested,  in  th.e  county  board  of  education,  but  nothing'  herein 
shall  be  construed  as  impairing  the  security  of  any  bonds  of  any  district  heretofore  issued 
or  now  in  process  of  being  issued.  The  right  to  acquire  real  estate  for  school  purposes 
for  rural  districts  is  hereby  vested  in  said  board,  by  way  of  eminent  domain,  to  be  exer- 
cised in  the  same  manner  as  the  power  is  or  shall  be  exercised  under  the  law  by  railroads. 
(C.  105,  L.  1917.) 

(15)  runds,  apportionment. 

Sec.  12.  That  Section  4837,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  The  county  boards  of  education  quarterly,  and  at  their  next  meeting  after 
receiving  notice  that  school  funds  are  at  their  demand  for  apportionment  to  the  credit  of 
the  several  districts,  shall  properly  credit  such  districts  with  the  amount  approved,  speci- 
fying the  number  of  the  district,  the  number  of  children  of  school  age  in  each  district  and 
the  amount  of  money  apportioned  by  way  of  credit  thereto,  and  a  copy  of  this  apportion- 
ment report  shall  be  filed  within  ten  days  thereafter  in  the  office  of  the  county  clerk  of  the 
county,  and  he  shall  also  supply  a  duplicate  copy  thereof  to  any  newspaper  printed  within 
the  county  which  will  give  publicity  to  the  same  free  of  charge  as  a  matter  of  general 
information. 

(C.  105,  L.  1917.) 

(16)  Funds,  payment,  records. 

Sec.  42.  That  Section  8,  Chapter  79,  Laws  of  1915,  be  and  it  hereby  is  amended  so  as 
to  read  as  follows:  All  payments  on  account  of  any  rural  school  district  or  from  the 
funds  thereof  shall  be  made  pursuant  to  the  warrant  of  the  county  board  of  education. 
Said  boards  shall  keep  and  maintain  an  accurate  record  of  all  disbursements  by  them  made^ 
as  well  as  the  purposes  for  which  they  were  made. 

(C.   105,   L.   1917.) 

(17)  Funds,  warrants,  obligations. 

Sec.  31.  That  Section  4914,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  The  county  treasurer  shall  honor  and  pay  all  warrants  drawn  by  the  county 
board  of  education  against  the  fund  placed  to  the  credit  of  the  district  as  herein  provided. 
In  no  event  shall  a  county  board  of  education  contract  for  or  incur  obligations  on  such 
account  beyond  the  amount  of  money  available  in  the  county  treasury  for  such  purposes. 

(C.   105,   L.   1917.) 

(18)  Warrants,  indebtedness. 

Sec.  17.  That  Section  4855,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  No  board  shall  issue  warrants  or  certificates  of  indebtedness  of  the  school 
district,  in  excess  of  the  amount  of  the  levy  for  one  year,  but  all  school  orders  shall  draw 
six  per  cent,  interest  per  annum  after  having  been  presented  to  the  county  treasurer  and 
not  paid  for  want  of  funds,  which  fact  shall  be  indorsed  upon  the  order  by  the  treasurer; 
and  when  there  is  sufficient  money  in  the  treasury  to  pay  any  such  order  the  president  and 
secretary  of  the  county  board  of  education  shall  draw  an  order  for  the  interest  due  on  said 
order  and  further  interest  shall  cease  from  date  of  such  order. 

(C.  105,  L.  1917.) 

(19)  Grades,  combination. 

Sec.  1.  That  in  rural  schools  of  the  State  of  New  Mexico  where  only  one  teacher  is 
employed,  no  grades  shall  be  taught  higher  than  the  eighth  grade  if  there  are  more  than 
six  of  the  elementary  grades  being  taught  in  such  school;  Provided,  that  two  or  more  dis- 
tricts may  combine  and  under  the  direction  of  the  county  superintendent  and  by  permis- 
sion of  the  state  superintendent  may  designate  some  centrally  located  school  where  the 
higher  grades  may  be  taught  and  such  provisions  as  are  necessary  for  the  maintenance  of 
such  schools  as  shall  be  deemed  necessary  may  be  provided  for  by  the  said  superintendents 
together  with  the  county  commissioners. 

(C.  29,  L.  1917.) 

(20)  Flags. 

Sec.  19.  That  Section  4860,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  The  respective  county  board  of  education  having  jurisdiction  of  the  various 
school  districts  shall  procure  at  the  expense  of  their  respective  districts,  towns  or  cities, 
for  every  public  school  not  provided  therewith,  a  United  States  flag  not  less  than  five  feet 
long,  together  with  a  flagstaff,  and  the  necessary  appliances  therefor;  and  whenever  the 
flag,  flagstaff  or  the  necessary  appliances  therefor  of  any  such  school  shall  from  any  cause 
become  unsuitable  for  further  use  such  boards  of  education  shall  in  the  same  manner 
purchase  others  in  place  thereof. 

(C.  105,  L.  1917.) 


38  RURAL  SCHOOLS  AND  DISTRICTS 

(21)     Savings  Clause. 

Sec.  10.  Nothing  contained  in  this  act  shall  be  construed  to  divest  boards  of  education 
in  incorporated  territory  of  any  of  the  powers  possessed  by  them,  immediately  preceding 
the  date  of  the  passage  of  this  act. 

(C.  105,  L.  1917.) 

COUNTY  SCHOOL  SUPERINTENDENTS. 
(ARTICLE  2.) 

(  1  )  Eligibility  to  office. 

(  2  )  Terms,   right  of   succession. 

(  3  )  Election,   qualifying,   terms. 

(  4  )  Oath   and  bond. 

(  5  )  Compensation,   proviso. 

(  6  )  Compensation  when  payable,   fund. 

(  7  )  Powers  and  duties. 

(  8  )  Office  attendance,   director  meetings,  records. 

(  9  )  Visiting  schools,  reports. 

(10)  Traveling  expenses. 

(11)  Statistical  reports. 

(12)  Penalty. 

(1)  Eligibility,  women. 

Women  possessing  qualifications  of  male  electors  are  eligible  to  hold  office  of  county 
school  superintendent. 

(Sec.  2,  Art.  7,  State  Constitution.) 

(2)  Terms,  succession. 

All  county  officers  shall  be  elected  for  a  term  of  two  years,  and  after  having  served 
two  consecutive  terms,  shall  be  ineligible  to  hold  any  county  office  for  two  years  there- 
after. 

(Sec.  2,  Art.  10,  State  Constitution.) 

(3)  §  4832.    County  superintendent,  election,  qualifications,  term. 

A  county  superintendent  of  schools  for  each  county  shall  be  elected  at  each  general 
election,  and  shall  enter  upon  the  duties  of  his  office  on  the  first  of  January  following  his 
election.     Said  county  superintendent  shall  hold  office  for  two  years,  or  until  his  successor 
shall  have  been  duly  elected  and  has  qualified,  unless  sooner  removed  for  cause. 
(L.  1907,  C.  97,   §18,  as  amended  by  L.  1909,  C.  121^  §11.) 

(4)  §  4833.    Oath  and  bond. 

Each  county  superintendent  shall,  before  entering  upon  the  discharge  of  the  duties  of 
his  office,  take  and  subscribe  to  the  oath  or  affirmation  as  provided  by  law,  which  oath 
or  affirmation  shall  be  filed  in  the  office  of  the  county  clerk.  Within  thirty  days  after 
receiving  his  certificate  of  election  or  appointment  as  provided  in  this  article,  he  shall  give 
k  bond  in  the  sum  of  two  thousand  ($2,000)  dollars,  to  be  approved  by  and  filed  with  the 
board  of  county  commissioners  of  his  county. 

(L.   1907,    C.    97,    §19.) 

(5)  Compensation. 

Counties.  Amount. 

First  class $2000 

Second  class 1800 

Third  class 1500 

Fourth  class ' 1400 

Fifth  class  1300 

** Provided,  further,  in  counties  in  which  there  are  less  than  eleven  school  districts, 
the  preceding  year,  the  annual  salary  of  county  superintendents  of  schools  shall  be  $750, 
anything  hereinbefore  contained  to  the  contrary  notwithstanding. ' ' 
(Sec  2,  C.  12,  L.  1915.) 

(6)  Compensation,  payable,  fund. 

Salaries  of  county  school  superintendents  are  payable  quarterly  * ' . .  out  of  the  general 
county  school  fund.'* 

(Sec.   14,  C.   12.  L.   1915.) 

(7)     Powers — ^Duties. 

That  Section  4834,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read  as  follows: 
Subject  to  the  supervision  and  direction  of  the  State  Superintendent  of  Public  Instruction, 
the  couaty  superintendent  of  schools  shall  have  jurisdiction  over  all  public  schools  within 
his  county,  except  those  in  cities,  and  except  as  otherwise    provided    by    law,    and    such 


RURAL  SCHOOLS  AND  DISTRICTS  39 

schools,  including  city  schools,  shall  make  such  reports  to  the  county  superintendent  and 
to  the  State  Superintendent  of  Public  Instruction  as  may  be  required  by  the  State  Board 
of  Education.  Each  county  superintendent  shall  visit  each  school  within  his  county  as 
often  as  the  State  Board  of  Education  may  prescribe.  He  shall  supervise  the  methods  of 
instruction  employed  in  the  various  schools;  consult  with  the  school  directors  concerning 
the  improvement  of  their  schools  and  the  keeping  of  their  accounts;  enforce  compliance 
with  the  school  laws;  hold  teachers'  meetings  for  the  advancement  of  the  school  interests 
of  his  county,  and  perform  such  other  duties  as  are  provided  by  law  for  county  superin- 
tendents, and  such  as  the  State  Board  of  Education  may  prescribe.  On  the  third  Monday 
in  January,  April,  July  and  October  of  each  year,  or  as  soon  thereafter  as  the  county  school 
superintendent  shall  receive  the  certificate  of  the  Superintendent  of  Public  Instruction 
signifying  the  amount  appropriated  to  each  county  for  the  use  of  the  common  schools  of  the 
current  year,  he  and  the  county  board  of  education  shall  apportion  such  amount,  together 
with  the  county  school  fund  for  the  same  purpose,  to  the  credit  of  the  several  districts 
within  the  county,  in  proportion  to  the  number  of  school  children  residing  in  each  over  five 
and  under  twenty-one  years  of  age,  as  the  same  shall  appear  from  the  last  annual  reports 
of  the  clerks  of  the  respective  school  districts,  and  such  approved  amounts  credited  to  the 
district  shall  be  certified  by  said  county  board  of  education  to  the  directors  of  the  re- 
spective school  districts  and  to  the  county  treasurer  of  the  county;  provided,  that  the 
county  board  of  education  is  authorized  to  leave  in  the  county  school  fund  a  sufficient 
amount  to  meet  such  warrants  as  may  be  legally  drawn  against  said  fund  as  elsewhere 
provided  by  law. 

(Sec   16,   C.    105,  L.   1917.) 

(9)  §  4835.     Attendance  at  office — Duties — Meetings  of  school  directors. 

The  county  superintendent  is  required  to  be  in  attendance  at  the  county  seat  on  the 
first  Saturday  in  the  months  of  August,  September,  October  and  November  for  the  trans- 
action of  official  business.  He  is  empowered  to  examine  from  time  to  time  the  records  and 
account  books  of  district  directors  outside  of  incorporated  cities  and  towns  and  see  to  it 
that  the  same  are  properly  kept,  and  it  is  made  obligatory  upon  all  such  directors  to 
meet  at  their  accustomed  place  within  the  district  at  least  once  every  thirty  days  during 
the  school  term  for  the  transaction  of  public  business. 
(L.  1903,  C  119,  Sec.  11.) 

(10)  Visiting  schools — Reports. 

Hereafter  each  county  school  superintendent  shall  visit  each  school  room  under  his 
supervision  within  his  county  at  least  once  a  year,  and  at  such  other  times  as  the  State 
Superintendent  of  Public  Instruction  shall  direct  and  spend  at  least  one  half  day  in  each  of 
such  visits,  and  ascertain  the  condition  of  such  schools  in  said  districts,  the  age  and  phys- 
ical condition  of  the  pupils  attending  such  schools,  the  progress  being  made  by  such  pupils 
and  all  other  facts  tending  to  the  betterment  of  such  schools.  Such  county  superintendent 
shall  thereupon  report  the  result  of  such  visits  to  the  State  Superintendent  of  Public  In- 
struction, with  recommendations  looking  to  the  betterment  of  such  schools,  upon  such 
forms  as  he  may  provide,  a  copy  of  which  report  shall  be  transmitted  to  the  county  com- 
missioners of  the  county. 

(Sec.  1,  C.  101,  L.  1917.) 

(11)  Traveling  expenses. 

In  addition  to  their  regular  salaries  county  superintendents  shall  receive  an  allowance 
out  of  the  general  county  fund,  for  traveling  expenses  actually  incurred,  not  to  exceed  the 
following  schedule  on  the  basis  of  school  rooms  under  their  supervision. 

In  counties  with  less  than  30 $100.00 

In  counties  with  from  30  to  39  inclusive 150.00 

In  counties  with  from  40  to  49  inclusive 200.00 

In  counties  with  from  50  to  59  inclusive 250.00 

In  counties  with  from  60  to  79  inclusive 300.00 

In  counties  with  from  80  and  over 350.00 

(Sec.  2,   C.    101,   L.    1917.) 

(12)  §  4838.     Statistical  reports. 

The  scholastic  year  for  all  schools  and  educational  institutions  of  whatever  nature  in 
the  State  of  New  Mexico  shall  end  June  15th  of  each  year.  Within  ten  days  after  such 
date,  the  school  directors  of  school  districts,  and  the  secretaries  or  clerks  of  the  boards  of 
education  of  town,  village  and  city  schools,  located  within  each  county,  shall  file  statistical 
reports  with  the  county  superintendent,  containing  such  items  of  information  as  are  re- 
quired by  law.  On  or  before  July  15th  of  each  year  the  county  superintendents  and  the 
heads  of  the  various  educational  institutions  shall  make  their  annual  statistical  reports  to 
the  Superintendent  of  Public  Instruction,  and  thirty  days  thereafter  the  Superintendent 
of  Public  Instruction  shall  make  his  annual  report  to  the  Governor  of  the  State. 
(L.   1907,   C.   97,   §24.) 


40  RURAL  SCHOOLS  AND  DISTRICTS 

(13)     Penalty. 

That  Section    4839,  Code  of  1915,  be  and  hereby  is  amended  so  as  to  read  as  follows: 
That  every  county  school  superintendent  or  other  officer  who  shall  wilfully  neglect  or  refuse 
to  make  and  deliver  the  reports  specified  in  Section  4838,  Code  of  1915,  shall  be  deemed 
guilty  of  misconduct  in  office  and  shall  be  removed  from  office  as  provided  by  law. 
(C.   105,  L.   1917.) 

SCHOOL  DIRECTORS. 
(ARTICLE  3.) 

(  1  )  Corporation,  name. 

(  2  )  Election,   voters,   ballots,   oath,   etc. 

(  3  )  Terms. 

(  4  )  Meetings,  vacancies,   powers. 

(  5  )  New   districts,    election,    superintendent's   report. 

(  6  )  Census    enumeration,    method. 

(  7  )  Census   enumeration,   false,   penalty. 

(1)  Corporation,  name. 

Sec.  14.  That  Section  4844,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:     Each  school  district  shall  be  a  body  corporate  by  the  name  and  style  of  School 

District  Number  of  the  County  of  ,  and  by  such  name  may  contract  and  be 

contracted  with,  sue  and  be  sued,  in  any  of  the  courts  of  this  State  having  competent 
jurisdiction. 

(C.  105,  L.  1917.) 

(2)  §  4852.    Election,  voters,  ballots,  oath,  etc. 

Sec.  46.  On  the  second  Monday  of  March  of  each  year  the  directors  serving  at  that 
time  shall  post  notices  of  an  election  to  be  held  by  them  on  the  first  Monday  in  April  by 
the  qualified  voters  for  one  school  director.  Only  legal  voters,  residing  in  said  district,  shall 
be  qualified  to  vote  at  said  election;  the  votes  shall  be  by  written  or  printed  ballots,  and 
the  election  shall  be  held  between  the  hours  of  eight  a.  m.  and  five  p.  m.  on  the  first  Monday 
of  April,  at  the  public  school  house  or  some  other  convenient  place  to  be  specified  in  said 
notice;  the  result  of  said  election  shall  be  certified  by  said  directors  to  the  county  superin- 
tendent, and  the  term  of  office  of  said  directors  shall  begin  on  the  first  Monday  of  May 
following  their  election.  The  directors  so  elected  shall  take  and  file  with  the  county 
superintendent,  before  the  first  Monday  of  May,  an  oath  which  shall  be  administered  by 
the  directors  serving,  and  in  said  oath  shall  be  set  forth  the  number  of  said  school  district. 

Any  school  director  who  shall  fail  to  call  the  election  and  post  the  notices  therefor  or 
to  correctly  certify  the  result  of  such  election  as  required  in  this  section  shall  be  deemed 
guilty  of  malfeasance  in  office  and  shall  be  disqualified  from  again  holding  said  office  by 
appointment  or  otherwise  for  a  period  of  one  year  thereafter,  and  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars,  or  imprisoned  in  the  county 
jail  not  less  than  twenty-five  nor  more  than  one  hundred  days.  And  it  shall  be  the  duty 
of  the  county  school  superintendent  to  make  affidavit  of  the  facts  to  the  district  judge  or 
before  any  justice  of  the  peace  and  to  act  as  prosecuting  witness  against  said  director. 
The  said  school  directors  shall  truly  canvass  the  vote  cast  at  the  election  and  send  the 
ballots  to  the  county  school  superintendent,  together  with  their  certificate  of  election, 
where  said  ballots  shall  remain  in  his  custody  for  the  period  of  thirty  days,  during  which 
time  notice  of  contests  may  be  given  by  any  person  interested.  If  no  such  notice  shall  be 
given  within  such  period,  the  county  school  superintendent  shall  destroy  such  ballots.  But 
if  such  notice  of  contest  be  given  it  shall  be  his  duty  to  turn  the  same  over  in  exactly  the 
same  condition  as  they  were  received  by  him  to  the  county  clerk  of  his  county  where  they 
may  be  examined  under  the  same  terms  and  conditions  as  ballots  in  other  cases  of  contested 
elections  for  county  officers,  and  the  same  provisions  shall  apply  to  a  contest  for  the  posi- 
tion of  school  director  as  is  provided  by  law  for  contesting  other  county  officers. 

All  legal  voters  residing  in  a  school  district  shall  be  considered  qualified  voters  of  said 
district,  entitled  to  vote  therein. 

(Act  of  Feb.  12.  1891,  L.  1891,  C.  25,  §19;  C.  L.  1897,  §1532,  as  amended  by  Act  of  Mar. 
16.  1899,  L.  1899,  C.  80.  511;  Act  of  Mar.  19,  1903,  L.  1903,  C.  119,  §2;  Act  of  Mar.  21, 
1907,  L.  1907,  C.  97,  S  30; 

(3)  §  4853.  Terms. 

Sec.  47.  At  each  election  of  such  directors,  only  one  director  shall  be  voted  for,  except 
in  case  of  an  election  to  fill  a  vacancy  for  an  unexpired  term,  and  he  shall  be  elected  and 
hold  his  office  for  a  term  of  three  years  from  the  first  day  of  May  thereafter. 

(L.  1907,  C.  98,  §30.) 

(4)  Meetings,  vacancies,  powers. 

Sec.  16.  That  Section  4854,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read  as 
follows:  Five  days  after  their  qualification  the  school  directors  shall  meet  and  elect  a 
chairman  and  a  clerk,  and  two  directors  shall  constitute  a  quorum,  which  shall  be  compe- 


RURAL  SCHOOLS  AND  DISTRICTS  41 

tent  to  discharge  all  the  duties  of  a  full  board.  Should  a  vacancy  occur  from  any  cause, 
notice  shall  be  given  to  the  county  superintendent  by  the  directors  or  a  director,  and 
thereupon  said  county  superintendent  shall  appoint  a  director  to  fill  such  vacancy  until  the 
next  election.  The  directors  shall  have  the  care  and  keeping  of  the  school  house  and  other 
property  therein  or  attached  thereto.  No  school  house  or  building  shall  be  used  for  any 
purposes  other  than  those  which  may  be  prescribed  by  the  county  board  of  education. 

(C.    105,    L.    1917.) 

(5)  §  4841.      New    districts — ^Directors,     how     chosen — County     Superintendent — Annual 

report. 

Sec.  35.  Whenever  a  school  district  shall  be  formed  in  any  county,  the  county  superin- 
tendent shall,  within  fifteen  days  thereafter,  prepare  and  post  a  notice  of  the  formation  of 
such  district,  describing  its  boundaries  and  stating  the  number  thereof,  and  appointing  a 
time  and  place  for  the  first  district  meeting  to  select  schooj  directors  to  act  until  the  fol- 
lowing election,  at  which  one  director  shall  be  elected  for  one  year,  one  for  two  years  and 
one  for  three  years;  and  he  shall  also  furnish  to  the  county  clerk  the  description  and  bound- 
aries of  each  school  district  as  soon  as  practicable  after  the  same  is  formed.  Should  there 
for  any  cause  be  no  meeting  in  the  newly  formed  district  to  select  school  directors,  then  the 
county  superintendent  shall  appoint  school  directors  who  shall  act  till  their  successors  are 
elected  as  provided  by  law.  The  county  superintendent  shall,  on  or  before  the  15th  day  of 
October  of  each  year,  make  out  and  transmit  in  writing  to  the  State  superintendent,  bearing 
date  October  1st,  a  report  containing  a  statement  of  the  number  of  school  districts  in  the 
county,  the  number,  age  and  sex  of  children  residing  in  each  over  five  and  under  twenty-one 
years  of  age;  the  number  of  schools  in  the  county;  the  length  of  time  each  school  has  been 
taught;  the  number,  age  and  sex  of  pupils  attending  the  same;  the  number  and  sex  of 
teachers  employed,  branches  taught  and  text  books  used;  the  number  of  private  or  select 
schools  or  academies  in  the  county  as  far  as  the  same  can  be  ascertained;  the  number,  age 
and  sex  of  pupils  and  teachers  employed  and  the  branches  taught;  the  amount  of  money 
raised  by  taxes  and  paid  for  teachers'  salaries  in  addition  to  the  amount  of  public  money 
raised  by  tax  or  otherwise  for  the  purpose  of  purchasing  sites  for  school  buildings,  repair- 
ing and  furnishing  school  houses,  and  such  other  information  as  the  State  superintendent 
may  desire. 

(L.   1907,   C.  99,   §1.) 

(6)  Census  enumeration,  method. 

Sec.  18.  That  Section  4857,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  The  Directors  of  schools  in  the  several  school  districts  in  the  state  shall  on  or 
before  the  first  day  of  September  of  each  year,  make  an  enumeration  of  all  unmarried 
persons  between  five  and  twenty-one  years  of  age,  giving  the  names,  ages  and  sex  of  such 
persons  in  full,  and  shall  report  the  same  in  writing,  which  enumeration  list  shall  be  signed 
by  all  the  directors^  to  the  county  superintendent  within  fifteen  days  thereafter.  It  shall 
be  the  duty  of  the  clerk  of  said  school  directors  to  correctly  enumerate  or  cause  to  be 
enumerated  all  unmarried  persons  of  the  respective  school  districts  as  specified  herein. 
For  said  enumeration  he  shall  be  paid  from  the  funds  in  the  hands  of  the  county  board  of 
education  to  the  credit* of  the  district,  the  sum  of  one  dollar  and  fifty  cents  for  each  one 
hundred  names  or  fraction  thereof,  thus  enumerated.  Enumeration  list  and  the  forms  for 
enumeration  herein  provided  shall  be  specified  by  the  State  Superintendent  of  Public  In- 
struction. 

Whenever  a  petition  signed  by  one  hundred  qualified  voters  shall  be  presented  to  the 
board  of  education  or  school  trustees  of  any  incorporated  city,  town  or  village  in  this 
State  praying  therefor,  any  such  board  to  which  such  petition  is  presented  shall  require  the 
person  appointed  to  make  the  school  census  at  the  time  of  making  such  school  census  to 
also  ascertain  and  enumerate  the  number  of  persons  residing  in  any  such  city,  town  or 
village.  All  resident  unmarried  persons  between  said  ages  shall  be  entitled  to  attend  the 
schools  of  their  district. 
(C.   105,  L.   1917.) 

(7)  Census,  false  list,  penalty. 

§  4858.     Census  enumerators — False  list. 

Sec.  52.  Any  enumerator  acting  for  the  directors  of  schools  of  any  district  who  shall 
wilfully  place  fictitious  names,  or  names  of  persons  not  actually  residing  in  said  district, 
upon  the  official  enumeration  list,  shall  be  declared  guilty  of  a  misdemeanor  and  on  convic- 
tion thereof,  before  any  court  of  competent  jurisdiction,  he  shall  be  punished  by  a  fine  of 
not  less  than  ten  nor  more  than  fifty  dollars. 
(L.   1905,   C.   23,    §2.) 


42  RURAL  SCHOOLS  AND  DISTRICTS 

COUNTY  HIGH   SCHOOL. 
(ARTICLE  4.) 

(  1  )  Creation. 

(  2  )  Establishment,   election,  ballots,   certificate, 

(  3  )  Admission,   tuition. 

(  4  )  Control  and  management. 

(  5  )  Board,   powers. 

(  6  )  Courses. 

(  7  )  Estimates,  tax  levies,  funds. 

(  8  )  Levy. 

(  9  )  Funds,   apportionment,    certificates,   establishment. 

(10)  Houses,  sites,  bonds. 

(11)  Houses,  cost,  maintenance. 

(1)  §  4963.    Establishment — Creation. 

County  high  schools  may  be  established  as  hereinafter  provided  in  this  article  in  each 
county  in  this  State. 

(L.   1913,   C.  20,    §1.) 

(2)  §  4964.     Establishment,  election,  ballots,  certificates. 

"When  petitioners  to  the  number  of  one-fifth  of  the  electors  of  the  county,  including 
women  qualified  as  provided  in  Section  1,  Article  VII  of  the  State  Constitution,  shall  peti- 
tion to  the  board  of  county  commissioners  of  any  county  requesting  that  an  election  be 
called  to  determine  the  question  of  establishing  a  county  high  school  in  such  county  at  a 
place  named  in  said  petition,  it  shall  be  the  duty  of  said  board  of  county  commissioners  to 
call  an  election  for  said  purpose  not  less  than  thirty  days  following  the  meeting  of  said 
board  at  which  such  petition  is  received.  Said  election  shall,  in  all  matters  no1^  provided 
for  in  this  article  be  called,  conducted  and  the  returns  made  and  canvassed  as  provided  by 
law  for  the  election  of  county  officers.     At  said  election  the  ballots  shair  read  *'For   a 

county  high  school  at "  and  "Against  a  county  high  school  at ."     If  a 

majority  of  votes  cast  at  said  election  shall  be  in  favor  of  establishing  suclv  high  school 
it  shall  be  the  duty  of  said  board  to  establish  a  high  school  at  the  place  named  in  said 
petition  by  executing  a  certificate  under  the  seal  of  said  board,  of  which  certificate  dupli- 
cates shall  be  delivered  to  the  county  clerk  and  the  assessor  of  said  county. 

(L.  1912,  C.  57,   §2.) 

(3)  §  4965.    Id. — Admission — Tuition. 

All  children  of  school  age  residing  in  said  county  who  have  passed  the  elementary  course 
of  study  in  the  eighth  grade,  as  prescribed  by  the  board  of  education  of  the  state  or  the 
district  wherein  any  such  school  is  located,  shall  be  admitted  to  such  county  high  school 
free  of  tuition. 

(L.   1912,   C.  57,   §3.) 

(4)  Control  and  management. 

Sec.  36.  That  Section  4966,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read  as 
follows:  All  of  said  high  schools  situate  in  a  municipal  school  district  shall  be  under  the 
control  of  the  board  of  education  and  all  such  schools  situate  in  a  rural  school  district  shall 
be  under  the  control  of  the  county  board  of  education. 

(C.   105,  L.   1917.) 

(5)  Boards,  powers. 

Sec.  41.  That  Section  4973,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  The  said  boards  of  education  wherein  any  such  high  school  is  established  shall 
employ  and  discharge  teachers,  regulate  their  salaries  and  shall  have  the  power  and  author- 
ity to  make  all  necessary  rules  and  regulations  and  to  do  all  things  for  the  proper  manage- 
ment and  control  of  said  county  high  school. 

(C.  105,  L.  1917.) 

(6)  Courses. 

Sec.  40.  That  Section  4972,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read  as 
follows:  The  said  boards  of  education  where  any  such  county  high  school  is  established 
shall  add  to  the  course  of  study  provided  for  such  school  the  additional  branches  of  manual 
training,  domestic  science,  the  elements  of  agriculture  and  commercial  science. 

(C.  105,  L.  1917.) 

(7)  Estimates — Tax  Levy — Funds. 

Sec.  37.  That  Section  4967,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read  as 
follows:  For  the  purpose  of  maintaining  county  high  schools,  municipal  boards  of  educa- 
tion and  county  boards  of  education  wherein  such  high  schools  are  situate,  shall  annually 
certify  to  the  board  of  county  commissioners  of  the  county  an  estimate  of  the  amount  of 
money  needed  for  the  purpose  of  maintaining  said  schools,  and  thereupon  the  board  of 


RURAL  SCHOOLS  AND  DISTRICTS  43 

county  commissioners,  at  the  time  of  making  levies  for  other  school  purposes,  shall  levy- 
not  to  exceed  two  mills  on  the  dollar,  an  amount  sufficient  to  produce  the  amount  specified 
in  said  estimates,  said  tax  to  be  collected  in  the  same  manner  as  other  taxes;  when  collected 
by  the  county  treasurer,  said  amount  shall  be  placed  to  the  credit  of  the  said  municipal 
or  county  board  of  education,  as  the  case  may  be,  in  separate  fund  known  as  and  called 
the  ''County  High  School  Fund.''  The  levy  provided  for  herein  shall  be  called  the 
County  High  School  Levy. 
(C.   105,  L.   1917.) 

(8)  Levy. 

§  4968.     County  higli  school — ^Levy. 

Sec.  162.  For  the  purpose  of  maintaining  county  high  schools  the  boards  of  education 
or  school  directors  of  all  the  county  high  schools  established  in  any  county  of  the  State 
under  this  article  shall  be  permitted  to  levy,  in  addition  to  the  levies  provided  by  law,  an 
additional  levy  to  be  known  as  the  county  high  school  levy  which  shall  not  exceed  two 
mills  upon  the  dollar. 

(L.1912,  C.  57,    §6.) 

(Same  as  last  section  and  probably  repealed  by  it.) 

(9)  Funds,  apportionment,  certification,  establishment. 

Sec.  38.  That  Section  4969,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  The  treasurer  of  said  county  shall  apportion  said  high  school  fund  among  the 
high  schools  of  the  county  established  under  this  article,  and  if  there  be  more  than  one  such 
high  school,  in  the  ratio  shown  by  the  number  of  children  attending  such  high  schools 
during  the  preceding  year.  Provided,  however,  that  no  child  shall  be  counted  in  determin- 
ing said  ratio  who  has  attended  said  high  school  for  less  than  half  of  the  regular  sessions 
of  its  high  school  year.  At  the  end  of  each  high  school  year  the  president  and  secretary 
of  the  said  municipal  and  county  boards  of  education,  having  such  high  school  under  oath, 
shall  certify  to  the  treasurer  of  the  county  the  number  of  such  pupils  attending  the  high 
school  during  the  preceding  year  as  the  basis  for  apportionment  of  the  county  high  school 
fund.  Provided,  further,  that  when  an  additional  high  school  shall  be  established  it  shall 
receive  during  the  first  school  year  not  to  exceed  one-third  of  the  moneys  then  in  the 
county  high  school  fund.  Provided,  further,  that  more  than  one  high  school  may  be  estab- 
lished and  designated  as  a  county  high  school  in  any  year,  and  in  that  case  the  county  high 
school  fund  shall  be  apportioned  among  such  schools  on  the  basis  of  attendance  during  the 
preceding  high  school  year  for  such  schools.  High  schools  now  located  and  established  in 
any  county  of  the  state  shall  be  designated  and  established  as  county  high  schools  as  pro- 
vided in  this  article. 

(C.   105,  L.   1917.) 

(10)  School  houses  and  sites — ^Bonds. 

Sec.  39.  That  Section  4971,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  Said  boards  of  education  wherein  any  such  high  school  is  established  shall 
proceed  as  soon  as  practicable  after  the  establishment  of  said  county  high  school  to  secure 
the  necessary  site  and  buildings  and  are  hereby  authorized  to  bond  the  said  district  as  now 
provided  by  law  for  the  purpose  of  providing  the  necessary  site  and  buildings. 

(11)  School  houses,  cost,  maintenance. 
§  4970.    Id.— Cost  of  building. 

Sec.  164.  It  is  hereby  expressly  i)rovided  that  the  cost  of  site,  location  of  building 
and  erection  and  cost  thereof  for  any  such  county  high  school  shall  h%  entirely  borne  by 
the  district  where  such  high  school  is  established,  and  the  county  high  school  fund  herein- 
before provided  for  shall  be  used  only  for  the  maintenance  and  operation  of  the  said 
county  high  school  or  high  schools. 

(Act  of  June  10,   1912,  L.  1912,  C.  57,   §8.) 

HOUSES   AND    BONDS. 
(ARTICLE   5.) 

(  1  )  Houses,    location, 

(  2  )  Use. 

(  3  )  State   aid   in   construction,    maintenance, 

(  4  )  State  aid,   amount,   etc. 

(  5  )  Money,   borrowing   limitations. 

(  6  )  Repeal,    savings    clause. 

(  7  )  Bonds,    maturity,    interest,    sale. 

(  8  )  Bonds,    election,    issuance,    sale,    etc. 

(  9  )  Bonds,    school   district   boundaries, 

(10)  Bonds,    assessment   information. 

(11)  Bonds,  election,  no  school  house. 

(12)  Bonds,   election  unfavorable,   procedure. 

(13)  Bonds,    election   unfavorable,   penalty. 

(14)  School   building  fund. 

(15)  Plans,   bids,    contract,   bond. 


44  RURAL  SCHOOLS  AND  DISTRICTS 

(1)  Houses,  location. 

Sec.  15.  That  Section  4845,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read  as 
follows:  No  public  school  house  or  building  shall  hereafter  be  situate  or  erected  except 
upon  a  public  high  way  or  thoroughfare. 

(2)  Use. 

No  school  house  or  building  shall  be  used  for  any  purpose  other  than  those  which  may 
be  prescribed  by  county  board  of  education. 

(Sec.   16,   C.-105,    L.   1917.) 

(3)  State  aid,  construction,  maintenance. 

Sec.  28.  That  Section  4911,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  When  the  income  of  any  school  district  in  this  state  is  insufficient  to  permit 
the  proper  maintenance  of  schools  therein,  or  when  any  school  district  is  in  imperative 
need  of  additional  funds  for  school  purposes,  it  may  through  the  county  board  of  education 
petition  the  superintendent  of  public  instruction  for  sufficient  funds  out  of  the  fund  herein 
created  to  enable  the  districts  to  build  and  construct  suitable  school  houses  or  complete 
or  properly  furnish  the  same.  The  application  shall  describe  the  boundaries  of  the  district, 
the  amount  of  taxable  property  therein,  the  indebtedness  thereof,  the  number  of  school 
children  therein  who  can  be  accommodated  by  such  school  buildings  and  all  other  facta 
which  may  aid  the  said  superintendent  in  determining  the  advisability  of  giving  the  aid 
provided  for  herein.  The  application  shall  be  signed  by  the  school  drectors  of  the  district 
and  by  the  president  of  the  county  board  of  education  and  be  presented  to  the  superin- 
tendent of  public  instruction. 

(C.    105,    L.   1917.) 

(4)  State  aid,  amounts,  etc. 

Sec.  29.  That  Section  4912,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  If  the  application  mentioned  in  Section  4911  bo  approved  by  the  Superin- 
tendent of  Public  Instruction,  the  Auditor  of  the  State  shall  draw  his  warrant  in  favor  of 
the  treasurer  of  the  county  in  which  such  district  is  situate  to  be  by  him  credited  to  the 
couny  board  of  education  for  the  school  district,  payable  out  of  the  fund  herein  created, 
and  the  Treasurer  of  the  State  shall  pay  said  warrant  upon  the  endorsement  of  the  said 
county  treasurer  out  of  such  fund.  Provided,  that  not  to  exceed  three  hundred  ($300) 
dollars  shall  be  allowed  for  building  or  completing  any  school  building  nor  more  than  fifty 
dollars  for  furnishing  any  school  room  and  in  every  case  the  school  district  receiving  the 
aid  shall  furnish  in  labor  or  money  at  least  one-third  of  the  cost  of  the  con.struction,  3om- 
pletion,  or  furnishing  of  the  school  building  or  buildings.  The  site  in  all  cases  shall  be 
procured  by  the  school  directors  unless  the  county  board  of  education  otherwise  consents, 
and  the  title  thereof  be  vested  in  fee  simple  in  the  county  board  of  education. 

(C.   105,  L.  1917.) 

(Two   preceding  sections   are  unavailing  in   practice  because   no   money   is   provided   therefor.) 

(5)  §  4903.    Money,  borrowing,  limitations. 

Every  school  district,  whether  organized  under  the  name  of  "school  district"  or 
under  the  name  of  "board  of  education,"  shall  have  power  and  authority  to  borrow  money 
for  the  purpose  of  erecting  and  furnishing  school  buildings  and  purchasing  school  grounds, 
but  such  power  or  authority  shall  exist  only  when  the  proposition  to  create  the  debt  shall 
have  been  submitted  to  the  qualified  electors  of  the  district,  and  approved  by  a  majority 
of  those  voting  thereon.  No  such  school  district  shall  ever  become  indebted  in  an  amount, 
including  existing  indebtedness,  exceeding  six  per  centum  on  the  assessed  valuation  of  the 
taxable  property  within  the  district  as  shown  by  the  preceding  general  assessment. 

(L.  1912,  C.  13,  81.) 

(See  Constitution,  Art.  IX,  Sec.  11.) 

(6)  §4904.    Repeal  and  savings  clause. 

All  laws  relating  to  issuing  and  payment  of  bonds,  interest  thereon,  and  elections  to 
authorize  the  same,  shall  be  and  remain  in  force  as  though  the  preceding  section  had  not 
been  passed,  except  the  provisions  of  said  laws  which  are  in  conflict  with  the  provisions  of 
said  section. 

(L.   1912,  C.   13,   52.) 

(7)  Bonds,  maturity,  sale. 

Sec.  22.  That  Section  4901,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read  as 
follows:  For  the  purpose  of  erecting  or  completing  school  houses  the  county  boards  of  edu- 
cation shall  have  power  and  authority  to  borrow  money,  by  issuing  negotiable  bonds  of  the 
district  wherein  such  buildings  are  to  be  erected  or  completed,  said  bonds  to  run  for  a 
period  of  not  less  than  twenty  years  nor  more  than  thirty,  to  draw  interest  at  the  rate  of 
not  to  exceed  six  per  centum  per  annum,  with  interest  payable  semi-annually  or  annually, 


RURAL  SCHOOLS  AND  DISTRICTS  *  45 

but   such  bonds  shall   not  be  sold  for  less  than   ninety  per   centum   of  par,   with  accrued 
interest. 

(C.  105,  L.  1917.) 

(8)  Bond  election — Bonds,  issuance,  sale,  etc. 

Sec.  23.  That  Section  4902,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  Before  any  bonds  shall  be  issued  under  the  foregoing  section  the  county  board 
of  education,  through  the  directors  of  the  school  district,  shall  submit  to  tha  voters  of  their 
district  at  the  regular  or  any  special  election  called  for  that  purpose,  the  question  of 
issuing  bonds,  giving  the  same  notice  of  such  meeting  as  is  now  required  to  be  given  for 
the  election  of  directors,  and  the  amount  proposed  to  be  raised  by  the  sale  of  such  bonds, 
which  question  shall  be  voted  upon  by  the  qualified  electors  of  the  district,  and  if  a  major- 
ity of  all  the  votes  cast  upon  that  question  be  in  favor  of  the  issue  of  such  bonds,  then 
said  board  shall  issue  bonds  to  the  amount  voted,  in  denominations  of  not  less  than  twenty- 
five  dollars,  nor  exceeding  five  hundred  dollars,  due  not  less  than  twenty,  nor  more  than 
thirty  years  after  date,  and  redeemable  at  the  pleasure  of  the  district  at  any  time  after  ten 
years,  which  said  bonds  shall  be  given  in  the  name  of  the  district  issuing  them  and  shall 
be  signed  by  the  president  of  the  board  of  directors,  countersgined  by  the  president  of  the 
county  board  of  education  and  attested  by  the  secretary  thereof.  Said  bonds  shall  be 
delivered  to  the  county  treasurer,  taking  his  receipt  therefor;  and  said  county  treasurer 
shall  advertise  for  the  sale  of  said  bonds  to  the  highest  bidder,  in  at  least  four  issues  of 
some  weekly  paper  published  in  his  county,  or  an  adjoining  county,  and  shall  countersign 
said  bonds  when  negotiated;  the  county  treasurer  shall  place  the  proceeds  of  such  sale 
of  bonds  to  the  credit  of  the  proper  district,  to  be  paid  out  as  provided  for  in  the  manner 
of  special  district  tax.  The  county  treasurer  shall  stand  charged  upon  his  official  bond 
with  all  bonds  that  may  be  delivered  to  him,  but  any  bond  or  bonds  not  sold  may  be  re- 
turned to  the  district  and  the  treasurer  credited  with  the  same.  Provided,  that  if  such 
bonds  are  issued  for  the  building  of  a  school  house,  that  the  contractor  constructing  the 
same  may  receive  in  payment  such  bonds  at  their  face  value,  or  at  the  price  offered  by  the 
highest  bidder.  Provided,  further,  that  none  of  such  bonds  shall  be  sold  for  less  than 
ninety  cents  on  the  dollar. 
(C.  105,  L.  1917.) 

(9)  §4905.     Bonds — Boundaries. 

Sec.  99.  No  bonds  of  any  district  shall  be  issued  or  any  special  tax  levied  until  the 
boundaries  of  said  districts  shall  have  been  established  and  the  property  marked  by  monu- 
ments or  by  natural  objects  as  provided  by  law.  The  boundaries  of  all  school  districts  in 
this  State,  so  far  as  possible,  shall  coincide  with  the  precinct  boundaries,  and  said  bound- 
aries shall  be  established  by  the  proper  authority,  and  the  corners  thereof  marked  by  monu- 
ments or  natural  objects  with  the  words.  District  Number  ,  in  a  permanent  manner 

marked  upon  them,   and   an   outlined   map   of  the   district   made,   showing  the  length   and 
breadth  thereof,  and  the  proposed  location  of  the  school  house;  a  copy  of  the  said  map  to 
be  filed  with  the  county  superintendent. 
(C.   L.    1897,    §1545.) 

(10) — Bonds,  assessment,  information. 

Sec.  24.  That  Section  4906,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  In  any  school  district  where  a  special  tax  is  in  contemplation  of  being  levied, 
or  of  bonds  being  issued,  and  after  the  boundaries  of  the  district  have  been  properly  de- 
termined and  marked  for  that  purpose,  it  shall  be  the  duty  of  the  county  assessor  to  certify 
to  the  county  school  superintendent,  the  board  of  directors  and  the  county  board  of  educa- 
tion a  true  and  correct  copy  of  the  last  general  assessment  of  taxable  property  in  the  school 
district.  Whenever  a  special  tax  is  to  be  levied  or  bonds  to  be  issued  in  a  newly  created 
district  the  assessor  shall  make  an  assessment  of  all  the  taxable  property,  real  and  per- 
sonal, within  the  said  newly  created  district,  including  therein  all  live  stock  which  graze 
wholly  within  the  limits  thereof,  and  shall  certify  said  assessment  to  the  county  school 
superintendent,  the  board  of  district  directors,  and  the  county  board  of  education  as  pro- 
vided herein. 

(C.   105,   L.   1917.) 

(11)     Bond  election,  no  school  house. 

Sec.  26.  That  Section  4907,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read  as 
follows:  The  county  superintendent  of  schools  for  each  county  of  this  state  jointly  with 
the  respective  county  boards  of  education  shall  have  power  in  cases  where  any  school  dis- 
trict in  the  county  does  not  own  a  school  house,  upon  a  petition  signed  by  twenty  residents 
of  such  school  district,  being  each  the  head  of  a  family  and  having  children  of  school  age 
in  the  family,  to  order  the  school  directors  of  such  school  district  to  submit  the  question  of 
issuing  bonds  of  such  district  for  the  purpose  of  building  a  school  house  as  provided  for  in 
Section  23  to  the  voters  of  such  school  district. 
(C.   105,   L.   1917.) 


46  '  RURAL  SCHOOLS  AND  DISTRICTS 

(12)  Bond  election,  lost,  procedure. 

Sec.  27.  That  Section  4908,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read  as 
follows:  In  cases  where  the  question  of  issuing  such  bonds  has  been  or  shall  be  submitted 
to  the  voters  of  such  school  district,  and  shall  fail  to  carry,  then  such  county  board  of 
education  shall  in  writing  order  the  county  treasurer  to  set  aside  such  portion  of  the 
credited  school  fund  of  such  district,  not  less  than  one-fifth  thereof,  yearly,  for  the  purpose 
of  eventually  building  a  school  house  for  such  district,  and  such  fund  shall  be  kept  for  such 
purpose  only,  and  such  county  boards  of  education  shall,  when  in  their  opinion  such  fund 
is  sufficiently  large  for  the  purpose,  build  or  cause  to  be  built  such  school  house. 

(C.   105,  L.   1917.) 

(13)  §  4909.     Violation — Penalty. 

Sec.  103.  Any  person  failing  to  perform  the  duties  required  of  him  by  the  two  pre- 
ceding sections,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars; 
and  it  shall  be  the  duty  of  the  State  Superintendent  of  Public  Instruction  to  see  that  said 
sections  are  strictly  enforced,  and  to  make  all  proper  complaints  for  violation  thereof;  and 
it  is  further  made  the  duty  of  all  district  attorneys  to  vigorously  prosecute  the  same. 

(L.   1899,  C.  46,   §3.) 

(14)  §  4910.    School  building  fund  created. 

Sec.  104.  Any  balance  remaining  in  the  reserve  fund  created  for  the  purpose  of 
enabling  school  districts  to  hold  school  for  a  term  of  five  months,  at  the  end  of  the  school 
year  shall  be  set  aside  by  the  Treasurer  of  the  State  to  the  credit  of  the  "School  Building 
Fund." 

(L.   1913,  C.  74,   §1.) 

(15)  Plans,  bids,  contract,  bond. 

Sec.  30.  That  Section  4913,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read  as 
follows:  Plans  and  specifications  for  the  building,  completing  or  furnishing  of  the  school 
building  or  school  buildings  of  the  district,  specified  in  Section  4911,  shall  be  prepared  by 
the  county  board  of  education  or  the  respective  school  directors  upon  the  order  of  said 
board.  The  county  board  of  education  shall  call  for  sealed  bids  for  the  construction,  com- 
pletion or  furnishing  of  said  school  building  or  buildiings,  allowing  at  least  thirty  days  for 
filing  bids,  with  adequate  notice  of  date  and  place  of  opening.  The  county  board  shall 
open  said  bids  and  award  the  contract  for  building,  completing  or  furnishing  said  school 
house  or  houses,  as,  in  their  judgment,  the  best  interests  of  the  district  may  require.  A 
sufficient  bond  shall  be  required  of  the  contractor  for  the  full  and  faithful  performance 
of  his  contract. 

(C.   105,  L.   1917.) 


CHAPTER  4. 

MUNICIPAL  SCHOOLS  AND  DISTRICTS 

Art.   1.      Provisions    common   to    cities,    towns   and   villages.       (Pages    47-48.) 

Art.   2.      Cities.       (Page   49.) 

Art.   3.      Cities  and  towns.      (Pages  49-51.) 

Art.   4.      Towns  and  villages.      (Pages  51-52.) 

(See  also  school  property,  finance,   county  high  schools,   etc.) 

CITIES,   TOWNS  AND  VILLAGES— PROVISIONS   COMMON   TO   ALL. 
(ARTICLE    1.) 

(  1  )  Reports,    publication. 

(  2  )  Bonds,  classification,    schools. 

(  3  )  Bonds,  issuance,    limitations. 

(  4  )  Bonds,  election,    denominations,    execution,    contractor. 

(  5  )  Bonds,  election,   proclamation. 

(  6  )  Bonds,  sale,    advertisement. 

(  7  )  Bonds,  registering. 

(  8  )  Bonds,  tax    levy. 

(  9  )  Bonds,  interest,    coupons, 

(10)  Bonds,  payment. 

(11)  Bonds,  emergency  clause,   effect. 

(1)  §4892.     Annual  report — Publication. 

The  board  of  education,  at  the  close  of  each  school  year,  or  as  soon  thereafter  as  prac- 
ticable, shall  make  an  annual  report  of  the  progress,  prosperity  and  condition,  financial  as 
well  as  educational,  of  all  the  schools  under  their  charge;  and  said  report,  or  such  portion 
of  it  as  the  board  of  education  shall  consider  of  advantage  to  the  public,  shall  be  printed, 
either  in  a  public  newspaper  or  in  pamphlet  form,  and  a  copy  furnished  the  county  and  the 
State  superintendent. 

(C.   L.    1897,    §1580.) 

(2)  Bonds,  classification  schools. 

Sec.  1.  For  the  purpose  of  this  act,  each  incorporated  city,  town  and  village  and  territory 
attached  thereto  for  school  purposes  or  under  the  jurisdiction  of  the  board  of  education 
thereof  shall  be  known  as  a  municipal  school  district. 

(H.  B.   101,  L.   1919.) 

(3)  Bonds,  issuance,  limitations. 

Sec.  2.  That  boards  of  education  of  municipal  school  districts  shall  have  power  and 
authority  to  borrow  money  for  the  purpose  of  purchasing  school  sites,  and  for  the  purpose 
of  erecting  and  completing  school  houses,  and  for  enlargement  and  repair  of  school  build- 
ings, by  issuing  negotiable  bonds  of  their  district  to  run  any  period  of  not  less  than  twenty 
years  nor  exceeding  thirty  years,  drawing  interest  at  the  rate  of  not  to  exceed  six  per  cent 
per  annum,  with  interest  payable  semi-annually  or  annually,  at  such  place  as  the  board  of 
education  issuing  same  may  direct,  which  said  indebtedness  shall  be  binding  and  obliga- 
tory on  the  school  district  for  the  use  of  which  said  loan  shall  be  made.  Provided,  that  no 
such  school  district  shall  ever  become  indebted  in  an  amount,  including  existing  indebted- 
ness, exceeding  six  per  centum  of  the  assessed  valuation  of  the  taxable  property  within  the 
district  as  shown  by  the  preceding  general  assessment. 

(H.  B.   101,  L.   1919.) 

(4)  Bonds,  elections,  denominations,  execution,  contractor. 

Sec.  3.  The  board  of  education  of  any  municipal  school  district  may  submit  to  the 
voters  of  their  district  at  the  regular  or  any  special  election  called  for  that  purpose,  the 
question  of  issuing  bonds  and  the  amount  thereof,  which  question  shall  be  voted  upon  by 
qualified  electors  of  the  district,  and  if  a  majority  of  all  the  votes  cast  upon  that  question 
be  in  favor  of  the  issue  of  such  bonds,  then  said  board  shall  issue  bonds  to  the  amount 
voted,  in  denominations  of  not  less  than  twenty-five  dollars,  nor  exceeding  five  hundred 
dollars,  and  redeemable  at  the  pleasure  of  the  board  of  education  of  said  city,  town  or 
village,  at  any  time  after  ten  years.  Said  bonds  shall  be  given  in  the  name  of  the  board  of 
education  of  the  municipal  school  district  issuing  them,  and  shall  be  signed  by  the  presi- 
dent, and  attested  by  the  clerk  of  such  board  and  countersigned  by  the  treasurer  of  such 
city,  town  or  village  where  such  district  is  situated^  and  shall  not  be  sold  for  less  than 
ninety-five  cents  on  the  dollar.  Provided,  that  if  such  bonds  are  issued  for  the  building 
of  a  school  house  or  for  the  enlarging  or  repairing  of  a  school  building,  that  the  contractor 


48  MUNICIPAL  SCHOOLS  AND  DISTRICTS 

constructing  the  same  may  receive  in  payment  such  bonds  at  their  face  value,  or  at*  the 
price  offered  by  the  highest  bidder. 

(H.  B.  101,  L.  1919.) 

(5)     Bonds,  election,  proclamation. 

Sec.  4.  Upon  the  request  of  the  board  of  education,  it  shall  be  the  duty  of  the  mayor 
of  such  city,  town  or  village  forthwith  to  issue  his  proclamation  for  the  holding  of  an  elec- 
tion for  the  purpose  of  submitting  to  the  legal  voters  the  question  of  issuing  bonds  of  such 
municipal  school  district,  and  he  shall  name  therein  the  judges  of  election  and  the  time  and 
place  of  said  election.  Such  election  shall  be  held  and  conducted  in  all  other  respects  sub- 
stantially the  same  as  are  elections  for  the  city,  town  or  village  officers;  but  the  returns 
of  such  election  shall  be  made  to  the  board  of  education  of  the  municipal  school  district 
requesting  the  holding  of  the  same,  who  are  hereby  authorized  to  canvass  such  returns  and 
their  decision  upon  the  result  of  such  election  shall  be  final. 

(H.  B.  101,  L.   1919.) 

(6) — ^Bonds — Sale  advertisement. 

Sec.  5.  The  clerk  of  said  board  of  education  shall  advertise  for  the  sale  of  said  bonds 
to  the  highest  bidder  in  at  least  four  weekly  issues  of  some  newspaper  published  in  the 
county  in  which  such  municipal  school  district  is  situated,  and  if  there  is  no  newspaper 
published  therein,  then  in  a  newspaper  published  in  an  adjoining  county. 

(H.  B.  101,  L.  1919.) 

(7)  Bonds,  register. 

Sec.  6.  It  shall  be  the  duty  of  the  clerk  of  the  board  of  education  of  said  municipal 
school  district  to  register,  in  a  book  provided  for  that  purpose,  or  bonds  issued  under  this 
act,  and  such  register  shall  show  the  number,  date  and  amount  of  said  bonds  and  to  whom 
made  payable,  the  interest  paid  thereon  and  the  final  payment  thereof. 

(H.  B.  101,  L.  1919.) 

(8)  Bonds,  levy. 

Sec.  7.  The  board  of  education  at  the  time  of  its  annual  levy  of  taxes  for  the  support 
of  schools  shall  also  levy  a  sufficient  amount  to  pay  the  interest,  as  the  same  accrues,  on 
all  bonds  issued  under  the  provisions  of  this  act,  and  also  to  create  a  sinking  fund  for  the 
redemption  of  said  bonds,  and  said  amounts  when  paid  into  the  treasury  shall  be  and  re- 
main a  specific  fund  for  said  purpose  only,  and  shall  not  be  appropriated  in  any  other  way. 
Provided,  there  shall  be  no  levy  for  sinking  fund  until  ten  years  after  the  issue  of  said 
bonds,  if  they  be  for  twenty  years,  and  fifteen  years  after  the  issue,  if  they  be  for  thirty 
years.  Such  specific  fund  and  the  property  of  such  municipal  school  district  are  hereby 
pledged  to  the  payment  of  the  interest  and  principal  of  the  bonds  provided  for  in  this  act 
as  the  same  become  due. 

(H.  B.  101,  L.  1919.) 

(9)  Bonds,  interest,  coupons. 

Sec.  8.  Whenever  the  interest  coupons  of  any  bonds  herein  authorized  shall  become 
due,  they  shall  be  promptly  paid  on  presentation  by  the  treasurer  of  such  city,  town  or 
village  out  of  any  money  in  his  hands  for  that  purpose,  and  he  shall  endorse  upon  the  face 
of  such  coupons  in  red  ink  the  word  "Paid,"  and  the  date  of  payment,  and  sign  the  initials 
of  his  name  thereon  and  forthwith  deliver  the  same  to  the  clerk  of  said  board  of  education 
to  be  by  him  destroyed  in  the  presence  of  said  board  of  education,  at  their  next  regular  or 
called  meeting,  which  fact  shall  be  entered  on  record  in  the  minutes  of  such  board  of  edu- 
cation. 

(H.  B.   101,  L.   1919.) 

(10)  Bonds — Payment. 

Sec.  9.  When  bonds  issued  under  this  act  shall  have  been  paid,  it  shall  be  the  duty  of 
the  treasurer  of  said  city,  town  or  village,  to  endorse  upon  the  face  of  such  bonds  in  red 
ink  the  word  "Paid,"  and  the  date  of  payment,  and  sign  the  initials  of  his  name  upon  the 
same,  and  forthwith  deliver  the  same  to  the  clerk  of  such  board  of  education  to  be  by  him 
destroyed  in  the  presence  of  said  board  of  education,  at  their  next  regular  or  called  meet- 
ing, which  fact  shall  be  entered  of  record  in  the  minutes  of  such  board  of  education. 

(H.  B.  101,  L.  1919.) 

(11)  Effect. 

Sec.  10.     (Emergency  clause.) 
(H.  B.  101,  L.  1919.) 


MUNICIPAL  SCHOOLS  AND  DISTRICTS  49 

CITIES. 
(ARTICLE   2.) 

(See  also  Cities  and  Towns.) 
(  1  )      Board,    membership,    terms. 
(  2  )      Board,   election. 
(  3  )      Board,    election,    method,   registration. 

§  4867.    Board,  membership,  terms. 

Sec.  61.  The  board  of  education  in  each,  incorporated  city  shall  consist  of  five  mem- 
bers, who  shall  be  elected  at  large  from  such  city,  for  the  term  of  four  years. 

(L.    1912,    C.   43,    §1.) 

§  4868.     Board,  election. 

Sec.  62.  The  qualified  electors  of  such  city  and  of  the  territory  outside  of  said  city 
attached  thereto  for  school  purposes,  shall  on  the  first  Tuesday  of  April,  1915,  elect  two 
members  of  the  board  of  education  and  on  the  first  Tuesday  of  April,  1917,  three  members, 
and  thereafter  a  regular  election  of  members  succeding  those  whose  terms  expire,  shall  be 
held  on  the  first  Tuesday  of  April  of  each  odd  numbered  year. 

(L.  1912,  C.  43,   §2.)  ^ 

§  4869.    Board,  election,  method  registration. 

Sec.  63.  The  election  provided  for  in  the  two  preceding  sections  shall  be  held,  the 
returns  thereof  made  and  canvassed,  and  the  certificates  of  election  issued  in  accordance 
with  the  laws  applicable  to  elections  of  officers  of  incorporated  cities,  except  that  no  regis- 
tration shall  be  required. 

(L.  1912,  C.  43,   §3.) 

CITIES  AND  TOWN'S. 
(ARTICLE   3.) 

(  1  )  Reference. 

(  2  )  School,  creation,  duration    (terms),   exclusion. 

(  3  )  Sectarian  doctrines. 

(  4  )  Territory   annexation,   method. 

(  5  )  Property,   taxation.  ' 

(  6  )  Board,    corporation,    powers. 

(  7  )  Board,    members,    election,    terms,    and    qualifications. 

(  8  )  Board,   vacancies. 

(  9  )  Board,    compensation. 

(10)  Board,   meetings. 

(11)  Board  officers,   president,   vice-president,   clerk.  . 

(12)  President,    duties. 

(13)  Vice-president,    duties. 

(14)  Treasiirer,    bond,    duties,    compensation. 

(15)  Clerk,  duties. 

(16)  Clerk,    bond. 

(17)  Board,   powers. 

(18)  Superintendent,    employment,    powers. 

(19)  Superintendent,   employment,  term. 

(1)  §  4875.     Reference. 

All  cities  and  towns  shall  be  governed  by  the  succeeding  provisions  of  this  subdivision. 
(C.   L.    1897,    §1561.) 

(2)  §4876.     Schools,  creation,  duration  (terms),  exclusion. 

In  each  city  or  town  governed  by  this  subdivision,  there  shall  be  established  and  main- 
tained a  system  of  free  common  schools,  which  shall  be  kept  open  no  less  than  three  nor 
more  than  ten  months  in  any  one  year,  and  shall  be  free  to  all  children  residing  in  such  city 
or  town,  between  the  ages  of  five  and  twenty  years.  But  the  board  of  education  may, 
when  school  room  accommodations  are  insufficient,  exclude  for  the  time  being  children 
between  the  ages  of  five  and  seven  years. 

(C.   L.    1897,    §1562.) 

(See  Constitution,  Art.  XII.  Sees.  1  and  4.) 

(3)  §  4894.     Sectarian  doctrines  not  to  be  taught. 

No  sectarian  doctrine  shall  be  taught  or  inculcated  in  any  of  the  public  schools  of  the 
city  or  town. 

(C.  L.   1897,    §1582.) 

(4)  §4877.     Territory,  annexation,  method. 

Territory  outside  the  city  limits,  but  adjacent  thereto,  may  be  attached  to  such  city 
or  town  for  school  purposes  upon  application  to  the  board  of  education  of  such  city  or  town 
by  a  majority  of  the  electors  of  such  adjacent  territory,  and  upon  such  application  being 


50  MUNICIPAL  SCHOOLS  AND  DISTRICTS 

made  to  the  board  of  education  they  shall,  if  they  deem  it  proper  and  to  the  best  interests 
of  the  school  of  said  city  or  town  and  the  territory  seeking  to  be  attached,  issue  an  order 
attaching  such  territory  to  such  city  or  town  for  school  purposes,  and  to  enter  the  same 
upon  their  journal,  and  such  territory  shall,  from  the  date  of  such  order,  be  and  compose 
a  part  of  such  city  or  town  for  school  purposes  only,  and  the  taxable  property  of  such  ad- 
jacent territory  shall  be  subject  to  taxation,  and  shall  bear  its  full  proportion  of  all  ex- 
penses incurred  in  the  erection  of  school  buildings  and  in  maintaining  the  schools  of  such 
city  or  town. 

(C.  L.  1897,  51563.) 

(5)  §  4895.    Property  exempt  from  taxation  and  execution. 

All  property  held  by  the  board  of  education  for  the  use  of  public  schools  shall  be 
exempt  from  taxation. 

(C.    L.    1897,    §1583.) 

(6)  §  4878.     Boards — Corporate  powers. 

The  public  schools  of  each  city  organized  in  pursuance  of  this  subdivision  shall  be  a 
body  corporate,  and  shall  possess  the  usual  powers  of  a  corporation  for  public  purposes,  by 

the  name  and  style  of  the  Board  of  Education  of  the  city  (or  Town)   of  ,  of  the 

State  of  New  Mexico,  and  in  that  name  may  sue'or  be  sued,  and  be  capable  of  contracting 
and  being  contracted  with,  of  holding  and  conveying  such  real  and  personal  estate  as  it  may 
come  into  possession  of  by  will  or  otherwise,  or  as  is  authorized  to  be  purchased  by  the 
provisions  of  this  subdivision. 

(C.  L.   1897,    §1564.) 

(7)  §4879.    Board,  members,  election,  terms,  qualifications. 

No  member  of  the  board  of  education  shall  be  a  member  of  the  council  or  town  trustees, 
nor  shall  any  member  of  the  council  or  town  trustees  be  a  member  of  the  board  of  educa- 
tion. Each  member  of  the  board  of  education  shall  be  a  qualified  elector  of  the  State  of 
New  Mexico,  and  shall  have  resided  in  the  district  at  least  two  years  next  preceding  the 
election,  and  shall  be  a  tax  payer. 

(Act   of   Feb.   26,   1891,  L.    1891,   C.    77,    §12,      as   amended   by   Act   of   Feb.    23,    1893,    L.1893, 
C.  39,   §1,  C.  L.  1897,   §1567.) 

(8)  §  4880.    Board  vacancies. 

The  board  of  education  shall  have  power  to  fill  any  vacancy  which  may  occur  in  their 
body.  Provided,  that  any  vacancy  occurring  more  than  ten  days  previous  to  the  election 
and  having  an  unexpired  .term  of  one  year,  shall  be  filled  at  the  first  election  thereafter; 
and  the  ballots  and  returns  of  elections  shall  be  designated  as  follows:  To  fill  unexpired 
term. 

(C.  L.  1897,  §1568.) 

(9)  §4884.     Board,  compensation. 

No  member  of  the  board  of  education  shall  receive  any  pay  or  emolument  for  his 
services. 

(0.  L.  1897,   §1572.) 
In  the  absence  of  a  definite  contract  of  employment,  services  rendered  by  a  member 
of  a  board  of  education  are  presumed  to  be  voluntary  services  in  connection  with  official 
duty  for  which  there  can  be  no  recovery. 

(Snyder  v.  Bd.  of  Education,  10  N.  M.  446;   62  Pac.  1090.) 

(10)  §  4891.    Board,  meetings. 

The  regular  meetings  of  the  board  of  education  shall  be  upon  the  first  Monday  of  each 
month,  but  special  meetings  may  be  held  from  time  to  time,  as  circumstances  may  demand. 

(C.  L.  1897,   §1579.) 

(11)  Board  officers,  president,  vice  president,  clerk. 

The  board  of  education,  at  its  regular  meeting  in  May  of  each  year,  shall  organize"  by 
the  election  of  a  president  and  vice  president  from  among  its  own  members,  each  of  whom 
shall  serve  for  the  term  of  one  year  or  until  their  successors  are  elected  and  qualified;  they 
shall  also  elect  a  clerk,  who  shall  hold  his  office  during  the  pleasure  of  the  board,  and  who 
shall  receive  such  compensation  for  his  services  as  the  board  may  allow. 

(C.  L.  1897,   §  1570.) 

(12)  §4887.     President,  duties. 

It  shall  be  the  duty  of  the  president  to  preside  at  all  meetings  of  the  board  of  educa- 
tion, to  appoint  all  committees,  whose  appointment  is  not  otherwise  provided  for,  and  to 


MUNICIPAL  SCHOOLS  AND  DISTRICTS  51 

Sign  all  warrants  ordered  by  the  board  of  education  to  be  drawn  upon  the  treasurer  for 
school  moneys. 

(C.   L.   1897,   §1573.) 

(13)  §  4888.     Duties  of  vice  president. 

It  shall  be  the  duty  of  the  vice  president  to  perform  all  the  duties  of  the  president,  in 
case  of  his  absence  or  disability. 

(C.  L.   1897,   §1574.) 

(14)  §  4883.     Treasurer,  bond,  duties,  reports,  salary,  depositories. 

The  treasurer  of  the  city  or  town  shall  be  ex-officio  treasurer  of  the  board  of  education, 
and  shall  give  such  bond  to  the  board  of  education  as  the  board  may  require,  said  bond  to  be 
approved  by  the  board  of  education  and  filed  with  its  clerk.  The  treasurer  shall  attend  all 
the  meetings  of  the  board  when  required  to  do  so;  shall  prepare  and  submit  in  writing  a 
monthly  report  of  the  finances  of  said  board,  and  shall  pay  school  moneys  only  upon  a  war- 
rant signed  by  the  president  or,  in  his  absence,  by  the  vice  president,  and  countersigned 
by  the  clerk.  The  treasurer  shall  receive  from  the  board  of  education  fifty  dollars  per  an- 
num for  his  services  as  treasurer,  and  no  more. 

(C.  L.  1897,   §1571.) 

(15)  §4889.    Duties  of  clerk. 

It  shall  be  the  duty  of  the  clerk  to  be  present  at  all  meetings  of  the  board,  to  keep 
an  accurate  journal  of  its  proceedings,  to  take  charge  of  its  books  and  documents,  to  coun- 
tersign all  warrants  for  school  moneys  drawn  upon  the  treasurer  by  order  of  the  board 
of  education,  and  to  perform  such  other  duties  as  the  board  of  education  or  its  committees 
may  require. 

(C.  L.  1897,   §1575.) 

(16)  §  4890.     Id.— Bond  of  clerk. 

Before  entering  upon  the  discharge  of  his  duties,  the  clerk  of  the  board  of  education 
shall  give  bond  in  the  sum  of  one  thousand  dollars,  with  good  and  sufficient  sureties,  to  be 
approved  by  the  board,  conditioned  for  the  faithful  performance  of  the  duties  of  his  office, 
which  together  with  his  oath  shall  be  filed  with  the  treasurer,  all  other  oaths  and  bonds 
shall  be  filed  with  the  clerk. 

(C.  L.   1897,   §1576  and  §1591.) 

(17)  §4881.     Boards,  powers. 

The  board  of  education  shall  have  power  to  elect  their  own  officers,  except  the  treas- 
urer; to  make  their  own  rules  and  regulations,  subject  to  the  provisions  of  this  subdivision; 
to  organize  and  maintain  a  system  of  graded  schools;  to  establish  a  high  school  whenever 
in  their  opinion  the  educational  interests  of  the  city  demand  the  same,  and  to  exercise  the 
sole  control  over  the  schools  and  school  property  of  the  city  or  town. 

(C.  L.  1897,   §1569.) 

(18)  §4885.     Superintendent,  employment. 

In  addition  to  the  privileges,  powers  and  duties  of  boards  of  education  heretofore  pre- 
scribed by  law,  the  power  is  granted  to  boards  of  education  for  districts  consisting  of  in- 
corporated cities  to  employ  a  city  or  district  superintendent,  who,  in  conjunction  with  the 
board  of  education,  shall  be  authorized  to  hold  special  teachers'  institutes  for  the  instruc- 
tion of  teachers. 

(L.   1901,   C   27,    §3,   as  amended  by  L.   1907,   C.    97,    §30,   and   as   further   amended  by   L.    1912, 
C.  51,   §8.) 

(19)  §4886.     Superintendent's  employment,  term. 

District  superintendents  in  districts  consisting  of  incorporated  cities  or  towns  shall  be 
employed  for  a  term  of  not  to  exceed  two  years,  and  their  duties  other  than  now  specified 
by  law  may  be  defined  by  the  board  of  education  of  such  incorporated  city  or  town. 
(L.  1903,  C.  119,  §16.) 

TOWNS   AND   VILLAGES. 
(ARTICLE  4.) 

(  1  )  Board,   election,   powers. 

(  2  )  Board,  voters,   terms. 

(  3  )  Board,   election,  returns,  registration.  , 

(  4  )  Board  powers. 

(  5  )  Board  powers. 


52  MUNICIPAL  SCHOOLS  AND  DISTRICTS 

(1)  §4870.     Board  of  education  for  incorporated  town  or  village. 

There  shall  be  elected,  in  each  incorporated  town  or  village,  a  board  of  education 
which  shall  consist  of  five  members  and  "vv'ho  shall  be  elected  at  large  from  any  portion  of 
the  territory  subject  to  the  jurisdiction  of  such  board  of  education  for  a  term  of  four  years. 

(L.   1913,  C.   67,   §1.) 

(2)  §4871.     Board,  election. 

The  qualified  electors  of  such  town  or  village,  and  those  residing  within  any  portion 
of  the  territory  subject  to  the  jurisdiction  of  said  board  of  education,  shall,  on  the  first 
Tuesday  of  April,  1915,  elect  two  members  of  the  board  of  education,  and  on  the  first 
Tuesday  of  April,  1917,  three  members,  and  thereafter  a  regular  election  for  members  suc- 
ceeding those  whose  terms  expire  shall  be  held  on  the  first  Tuesday  of  April  of  eacli  odd 
numbered  year.  Provided,  that  in  towns  incorporated  under  special  acts,  said  election  shall 
be  held  on  the  second  Tuesday  in  April  of  each  odd  numbered  year. 
(L.   1913,  C.  67,   §2.) 

(3)  §  4872. — ^Board,  election  and  returns,  registration. 

The  election  herein  provided  for  shall  be  held,  the  returns  thereof  made  and  canvassed, 
and  the  certificates  of  election  issued  in  accordance  with  the  laws  applicable  to  elections 
of  officers  of  the  respective  incorporated  towns  and  villages  wherein  said  boards  of  educa- 
tion are  established,  except  that  no  registration  shall  be  required. 

(L.  1913,  C.  67,  §3.) 

(4)  §4873. — ^Board,  powers. 

The  board  of  education  shall  have  sole  control  over  schools  and  school  property  within 
the  said  incorporated  town  or  village,  the  territory  thereto  attached  for  school  purposes, 
and  the  school  district  of  which  said  town  or  village^  before  incorporation,  was  a  part,  all 
of  which  shall  constitute  the  territory  subject  to  the  jurisdiction  of  such  board  of  educa- 
tion for  school  purposes  only,  to  the  same  extent  as  the  territory  located  within  the  limits 
of  such  incorporated  town  or  village. 

(L.  1913,  0.  67,  §4.) 

(5)  §4874.     Board,  powers. 

Such  board  of  education  shall  have  all  the  powers  and  privileges  and  be  subject  to  all 
the  duties  and  requirements  provided  by  law  for  boards  of  education  in  incorporated  cities 
and  towns. 

(h.   1913.  C.  67,   55.) 


CHAPTER  5. 

SCHOOL  PEOPERTY,  FINANCE  AND  MISCELLANEOUS   PROVISIONS. 

Art.   1.  Property.       (Pages    53-55.) 

Art.   2.  Taxation.      (Pages  55-57.) 

Art.   3.  Funds.      (Pages  57-62.) 

Art.   4.  Miscellaneous.      (Pages    62-65.) 

SCHOOL   PROPERTY. 
(ARTICLE   1.) 

(  1  )  Non-taxable. 

(  2  )  Execution   proof. 

(  3  )  Gifts,    conservation  and   preservation. 

(  4  )  Insurance. 

(  5  )  Non-insurance,  penalty. 

(  6  )  Sale,    transferred,    etc. 

(  7  )  Lending  credit. 

(  8  )  Embezzlement  of. 

(  9  )  Townsite,   remainder   school  property. 

(10)  Townsite,   appraisers,    appointment,    duties,    oath. 

(11)  Townsite,  appraisement. 

(12)  Townsite,  sale,  terms,  limitations. 

(13)  Townsite,   sale  notice,   time. 

(14)  Townsite,  sale,  procedure. 

(15)  Townsite,  new  appraisement. 

(16)  Townsite,   sale,   proceeds. 

(17)  Townsite,   sale,   improvements. 

(18)  Townsite,    sale,    purchaser,    expenses. 

(19)  Townsite,    sale,    conveyances. 

(1)  (School  property  is  exempt  from  taxation.) 

(Sec.   3,   Art.    8,    State   Constitution.) 

(2)  (School  property  is  not  subject  to  execution.) 

(Sec   7,   Art.    8,    State  Constitution.) 

(3)  §4918.     Gifts,  conservation,  preservation. 

In  case  any  person  or  persons  shall  will,  bequeath,  or  in  any  other  way  donate  money 
or  other  property  for  the  benefit  of  any  kind  of  public  educational  institution,  school  dis- 
trict, or  other  educational  interest,  it  shall  become  the  duty  of  the  district  court  of  the 
district  in  which  the  beneficiary  of  such  benefaction  is  located  to  see  to  it  that  said  bene- 
faction is  sacredly  conserved  and  administered  in  accordance  with  the  terms  and  wishes 
of  the  donor  or  donors.  Provided,  that  if  said  donor  or  donors  have  not  provided  for  or 
named  the  executors  of  their  wishes,  the  judge  of  said  district  court  shall  appoint  three 
proper  persons,  under  sufficient  bond,  to  administer  the  same. 

(L.    1907,    C.   97,    §27.) 

(4)  Insurance  of,  required. 

Sec.  20.  That  Section  4899,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  The  respective  county  boards  of  education  are  hereby  required  to  insure  all 
school  property  in  rural  districts  and  to  pay  all  premiums  thereon  from  the  funds  credit  to 
such  districts  over  which  they  may  have  control. 

(C.  105,  L.  1917.) 

(5)  Non-insurance,  penalty. 

Sec.  21.  That  Section  4900,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  Any  failure  of  any  of  the  officers  mentioned  in  the  preceding  sections  of  this 
article  to  carry  out  their  provisions  in  the  letter  and  the  spirit  thereof,  shall  subject  such 
officers  to  removal  and  to  a  forfeiture  of  their  official  bond  for  the  benefit  of  the  school 
district  so  injured  thereby. 

(C.  105,  L.  1917.) 

(6)  Title,  transfer,  etc. 

Sec.  33.  That  Section  4919,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  Except  as  otherwise  provided  by  law,  all  property  belonging  to  rural  school 
districts,  and  all  property  the  title  of  which  is  or  may  be  vested  in  the  county  board  of 
education,  shall  not  be  sold,  transferred  or  disposed  of,  except  for  cash  or  its  equivalent 
and  with  the  written  consent  of  the  Superintendent  of  Public  Instruction. 

(C.  105,  L.  1917.) 


54  SCHOOL  PROPERTY,   FINANCE   AND   MISCELLANEOUS   PROVISIONS 

(7)  Lending  credit. 

(No  school  district  shall  lend  its  credit  or  make  donations.) 
(Sec.   14,  Art.  9,   State  Constitution.) 

(8)  §  4915.    Emljezzlement. 

Any  official,  into  whose  hands  any  of  the  moneys  or  funds  provided  for  in  the  preced- 
ing five  sections  (Sees.  4910  to  4914,  inc.),  shall  come,  or  who  shall  use  any  portion  of  such 
moneys  or  funds,  for  any  purpose  other  than  the  purposes  herein  specified  and  provided  for, 
shall  be  deemed  guilty  of  embezzlement  and  upon  conviction  shall  be  punished  by  a  fine  of 
not  more  than  $1,000  or  by  imprisonment  for  not  more  than  five  years,  or  both,  and  in 
addition  thereto  shall  be  summarily  removed  from  office  by  the  court  imposing  sentence 
and  shall  thereafter  be  ineligible  to  hold  any  office  of  trust  or  profit  in  the  State. 
(L.    1913,  C.   74,    §6.) 

(9)  §  4920.     Unsold  lots  belong  to  school  district. 

When  the  corporate  authorities  of  any  town,  or  the  probate  judge  of  the  county,  for 
any  county  in, this  State  in  which  any  town  may  be  situated,  shall  have  entered  at  the 
proper  land  office,  the  land  or  any  part  of  the  land  settled  and  occupied  at  the  site  of  such 
town,  pursuant  to  and  by  virtue  of  the  provisions  of  the  act  of  congress,  entitled,  An  act 
for  the  relief  of  citizens  of  towns  upon  the  lands  of  the  United  States  under  certain  circum- 
stances, passed  May  23rd,  1844,  and  any  amendments  that  may  be  made  thereto,  or  where 
such  land  may  be  entered  by  the  proper  authorities  under  and  by  virtue  of  any  special  act 
of  congress,  and  where  the  corporate  authorities  fail  to  comply  with  the  provisions  of 
Sections  5519  et  seq  and  any  blocks,  lots,  shares  or  parcels  of  said  land  remain  unsold,  the 
title  to  said  unsold  blocks,  lots,  shares  or  parcels  of  land  shall  vest  and  be  in  the  school 
district  in  which  said  land  is  located,  and  it  shall  be  the  duty  of  the  board  of  trustees  of 
such  town  to  transfer,  by  proper  deed  of  conveyance,  said  unsold  blocks,  lots,  shares  or 
parcels  of  land  to  the  board  of  education  of  such  school  district. 
(C.  L.   1897,   §1600.) 

(10)  §  4921.    Appraisers,  appointment,  oath  and  duties. 

The  board  of  education  of  any  such  school  district  shall  appoint  by  order  or  resolution, 
a  board  of  appraisers,  to  consist  of  three  freeholders  of  any  such  school  district,  who  shall 
have  no  interest  in  said  unsold  blocks,  lots,  shares  or  parcels  of  land  or  the  improvements 
thereon.  Each  of  said  appraisers  shall  take  an  oath  to  faithfully  discharge  his  duties  as 
such  appraiser  and  shall  file  such  oath  in  the  office  of  the  clerk  of  said  board  of  education 
before  commencing  his  duties  as  such  appraiser.  ■  In  case  such  appraisers  should  fail  or 
neglect  to  make  the  appraisement  hereinafter  specified  and  file  the  same  with  the  clerk  of 
such  board  of  education  within  ten  days  after  their  appointment,  then  said  board  may  ap- 
point a  new  board  of  appraisers  for  the  purpose  herein  provided. 

(C.  L.   1897,   §1602.) 

(11)  §4922.     Appraisements. 

Said  appraisers  shall  appraise  all  such  blocks,  lots,  shares  and  parcels  of  land,  thus 
conveyed  to  such  board  of  education,  at  their  just  and  full  cash  value,  and  file  their  written 
appraisement  as  aforesaid.  Said  appraisement  shall  contain  a  description  of  each  lot  or 
parcel  of  land  so  appraised  and  a  statement  of  the  cash  value  of  each  lot  and  parcel  of 
land  so  appraised.  Said  appraisers  shall  make  a  separate  statement  of  the  value  of  such 
lots  and  parcels  of  land  without  improvements  and  the  aggregate  value  of  both;  there  shall 
be  attached  to  such  appraisement  a  written  affidavit  of  the  said  appraisers,  verifying  each 
statement  of  such  appraisement  and  alleging  that  each  of  &aid  lots  or  parcels  of  land  is 
appraised  at  its  just  and  full  value. 
(C.  L.  1897,  §1603.) 

(12).    §4923.    Sale,  terms,  limitations. 

Any  or  all  of  said  lots  may  be  sold  at  any  time  by  such  board  of  education  either  at 
public  vendue  to  tho  highest  bidder  for  cash,  or  at  private  sale  for  cash,  in  the  discretion 
of  the  board  of  education.  Provided,  that  no  block,  lot,  share  or  parcel  of  land  shall  be 
sold  for  less  than  tho  appraised  value  thereof. 

(Act  of  Feb.  25,   1897;   L.   1897,  C.  20,   §5;   C.  L.  1897,   §1604.) 

(13)     §4924.    Notice  of  sale,  time. 

"When  any  of  said  blocks  lots,  shares  or  parcels  of  land  arc  to  be  sold  at  public  vendue, 
the  president  of  the  board  of  education  shall  give  notice,  signed  in  his  official  capacity,  of 
the  time  and  place  of  sale  of  blocks,  lots,  shares  or  parcels  of  land  to  be  sold,  by  advertise- 
ment, published  in  the  county  where  such  school  district  is  situated,  or  if  no  newspaper  is 
published  in  said  county,  then  in  the  newspaper  published  nearest  said  school  district.  Such 
public  sale  shall  be  advertised  to  be  made  at  some  public  place  in  said  town,  and  to  be 
sold  at  some  specified  time  between  the  hours  of  sunrise  and  sunset. 

(C  L.   1897,   §1605.) 


SCHOOL  PROPERTY,   FINANCE   AND   MISCELLANEOUS   PROVISIONS  55 

(14)  §  4925.    Sale — ^Procedure. 

Such,  lots  or  parcels  of  land  shall  be  offered  for  sale  singly,  unless  a  greater  price  can 
be  obtained  by  selling  several  lots  or  parcels  of  land  together^  in  which  case  several  lots  or 
parcels  of  land  can  be  sold  together.  Such  public  sale  may  be  continued,  if  necessary, 
from  day  to  day,  for  a  period  not  to  exceed  three  days  at  any  one  sale. 

(C.  L.   1897,   §1606.) 

(15)  §4926.    New  appraisement. 

A  new  appraisement  of  lots  or  parcels  of  land  to  be  sold  shall  be  made,  in  case  no 
appraisement  thereof  has  been  made  for  three  months  next  preceding  the  date  of  such  sale. 
Said  new  appraisement  shall  be  made,  either  by  the  old  board  of  appraisers,  or  a  new  board 
of  appraisers,  to  be  appointed  in  the  same  manner  and  with  the  same  qualifications  as  the 
first  board  of  appraisers.  New  boards  of  appraisers  may  be  appointed  whenever  necessary 
to  have  any  of  said  blocks,  lots,  shares  or  parcels  of  land  appraised  for  sale. 

(C.  L.   1897,   §1607.) 

(16)  §  4927.     Sale,  disposition  of  proceeds. 

The  moneys  arising  from  the  sale  of  said  blocks,  lots,  shares  and  parcels  of  land,  after 
defraying  the  expense  of  such  sales,  shall  be  paid  into  the  treasury  of  such  school  district 
and  applied  to  the  support  and  maintenance  of  free^  non-sectarian  public  schools,  within 
the  limits  of  any  such  school  district,  or  used  and  expended  by  said  school  district  in  the 
erection  of  school  buildings  for  the  use  of  the  public  schools  of  said  district  and  for  furnish- 
ing such  buildings,  and  for  no  other  purpose. 

(C.  L.  1897,    §1608.) 

(17)  §  4928.    Rights  of  person  making  improvements. 

In  all  cases  when  prior  to  February  25,  1897,  any  person  may  have  entered  thereon  and 
improved  any  lots  belonging  to  such  school  district,  such  person,  after  the  report  of  such 
board  of  appraisers,  may  purchase  any  of  such  lots  from  the  said  board  of  education  for 
cash  at  the  appraised  value  of  said  lots,  exclusive  of  improvements. 

(C.  L.   1897,   §1609.) 

(18)  §  4929. — Purchaser  to  pay  expenses. 

All  persons  purchasing  any  lots  or  parcels  of  land  as  above  provided  shall  pay  for  the 
drawing,  execution  and  acknowledgment  of  the  deed  of  conveyance,  together  with  fifty 
cents  to  the  clerk  of  such  board  of  education,  for  attestation  with  seal  of  said  board  of 
education,  by  the  clerk  of  said  board. 

(C  L.  1897.  §1610.) 

(19)  §4930.     Sale,  conveyances. 

All  conveyances  of  lots  or  parcels  of  land,  mentioned  in  Section  4929,  shall  be  signed 
by  the  president  of  the  board  of  education  and  attested  by  the  clerk  of  said  board,  and 
shall  have  the  seal  of  said  board  of  education  affixed  thereto,  and  be  acknowledged  by  the 
president  of  the  board  of  education  in  the  same  manner  as  other  conveyances  of  real  estate. 

(C.  L.   '97,  §  1611.) 

SCHOOL  TAXATION. 
(ARTICLE  2.) 

(  1  )  State  tax,   current  school  fund. 

(  2  )  County,   maintenance  tax,    purposes,    limitations   and   repeal. 

(  3  )  District   levies,    estimates. 

(  4  )  District  tax,    special  levy. 

(  5  )  District  tax,  credit  of  special  levy. 

(  6  )  Tax,    appeals. 

(  7  )  Non-appplication  to  high   schools. 

(  8  )  Poll  tax,  levy,  against  whom,  amount,  etc. 

(  9  )  Poll  tax,  posting  list,  reports. 

(10)  Poll  tax,   exemptions,   soldiers,   etc. 

(1)  State  tax,  current  school  fund. 

Sec.  1.  That  the  board  of  county  commissioners  of  each  county  shall  annually  levy  and 
collect  a  tax  of  one-half  of  one  mill  on  the  dollar  upon  all  the  taxable  property  in  the  county 
for  the  maintenance  of  the  public  schools,  the  proceeds  whereof  shall  be  paid  over  to  the 
state  treasurer  as  are  other  state  taxes  and  shall  be  added  to  the  state  current  school  fund. 

(C.   79,  L.   1915.) 

(For  Apportionment  State  Current  School  Fund  See  Page  61.) 

(2)  County  tax,  maintenance,  purposes,  limitations  and  repeal  of  supervision  tax  com- 

mission. 

The  board  of  county  commissioners  shall  annuallj,  at  the  time  of  levying  other  taxes, 
levy  a  special  school  tax  not  to  exceed   eighteen  mills  upon   all  taxable  property  of  its 


56  SCHOOL  PROPERTY,   FINANCE   AND   MISCELLANEOUS   PROVISIONS 

respective  county,  whicli,  together  with  the  other  revenues  provided  by  law,  shall  produce 
sufficient  revenue  to  support  and  maintain  said  schools  in  municipal  school  districts  and  in 
rural  school  districts  where  there  is  or  is  to  be  established  a  graded  school  with  at  least 
four  teachers,  for  the  full  period  of  nine  (9)  months,  and  in  rural  school  districts  for  the 
full  period  of  seven  (7),  eight  (8)  or  nine  (9)  months  in  accordance  with  the  estimates  as 
made  and  finally  passed  upon  for  such  districts.  And  provided  further  that  the  amount 
which  may  be  expended  by  any  rural  school  district,  where  no  such  graded  school  is  main- 
tained, for  all  purposes  except  the  construction,  purchase,  lease,  repair  or  equipment  of 
school  houses,  shall  not  during  any  school  year  exceed  the  sum  of  seventy  dollars  ($70.00) 
per  month  per  school  room  in  which  a  teacher  holding  a  third  grade  certificate  is  employed 
nor  more  than  ninety  dollars  ($90.00)  per  month  per  school  room  in  which  a  teacher  holding 
a  second  grade  certificate  is  employed  nor  more  than  one  hundred  and  ten  dollars  ($110.00) 
per  month  per  school  room  in  which  a  teacher  holding  a  first  grade  or  higher  certificate  is 
employed,  and  provided  further  that  no  such  rural  school  district  shall  be  entitled  to  more 
than  one  school  room  for  each  fifty  children  or  fraction  thereof  of  school  age  within  the 
district.  Provided,  in  kindergarten  grades  and  primary  grades  the  county  board  of  educa- 
tion shall  employ  first  grade  teachers  only,  if  the  same  can  be  secured. 

Sec.  2.  So  much  of  Section  4954,  New  Mexico  Code  of  1915,  as  is  inconsistent  here- 
with is  hereby  repealed,  and  Chapter  74  of  the  New  Mexico  Session  Laws  of  the  year  1915 
is  repealed  in  so  far  as  the  same  affects  school  levies  and  salaries  of  school  teachers. 

(H.   B.  60,  L.   1919,   effective  June   13,   1919.) 

(3)  District  tax,  estimates. 

Sec.  4.  It  shall  be  the  duty  of  the  school  directors  of  rural  school  districts  on  or  before 
the  first  day  of  May  in  each  year  to  make  to  the  county  superintendent  of  schools  an  esti- 
mate of  the  amounts  of  funds  necessary  for  the  purposes  described  in  Section  3  of  this  act 
for  the  ensuing  year,  beginning  September  first  following,  specifying  separately  the  sums 
needed  for  purchase  of  land,  construction,  equipment,  repair  or  leasing  of  buildings,  interest 
on,  and  sinking  fund  for,  bonds  and  the  current  maintenance  of  the  schools  in  their  respective 
districts.  The  said  county  superintendent  shall  pass  upon  such  estimate  and  in  case  of 
failure  by  said  directors  in  making  such  estimate,  he  shall  make  such  estimate  on  or  before 
the  first  day  of  June  following,  and  shall  thereupon,  on  or  before  said  last  mentioned  day  in 
each  year,  certify  to  the  board  of  county  commissioners  said  estimates  of  the  rural  school 
districts  as  made,  passed  and  determined  upon  by  him;  said  estimates  when  so  certified  to 
set  forth  the  same  facts  as  the  estimate  made  to  him  by  said  school  directors. 

It  shall  be  the  duty  of  the  boards  of  education  of  municipal  school  districts,  on  or  be- 
fore the  first  day  of  June  in  each  year,  to  make  and  certify  to  the  board  of  county  com- 
missioners of  the  respective  counties  an  estimate  of  the  amount  of  funds  necessary  for  the 
purpose  described  in  Section  3  of  this  act  for  the  ensuing  year,  beginning  September  first 
following,  specifying  separately  the  sums  needed  for  purchase  of  land,  construction,  equip- 
ment, repair,  or  leasing  of  buildings,  interest  on,  and  sinking  fund  for,  bonds  and  the  cur- 
rent maintenance  of  schools  under  their  jurisdiction. 

Said  estimates  for  municipal  or  rural  school'  districts  shall  be  passed  upon  by  the  board 
of  county  commissioners  before  the  close  of  its  meeting  in  the  in  the  month  of  July  of  each 
year. 

(Sec.  4,   C.   79,   L.   1915.)         v 

(4)  District  tax  levy. 

Sec.  6.  The  board  of  county  commissioners  shall  ^nuually  at  the  time  of  levying  other 
taxes  levy  a  tax  upon  the  taxable  property  within  each  municipal  and  rural  school  district 
to  pay  for  the  purchase-  of  site  for,  purchase,  construction,  and  first  equipment  of  school 
houses  and  the  interest  on,  and  provide  a  sinking  fund  for  the  payment  of  the  principal 
of,  any  indebtedness  of  such  district. 
(Sec.  6,   C.   79,   L.   1915.) 

(5)  District  tax,  credit. 

Sec.  7.  The  proceeds  of  such  special  school  tax  for  such  municipal  districts  shall  be 
paid  to  the  respective  treasurers  thereof.  The  county  treasurer  shall  take  duplicate  re- 
ceipts therefor,  one  of  which  he  shall  file  in  his  office,  and  the  other  he  shall  transfer  to  the 
clerk  of  the  proper  board  of  education.  The  proceeds  of  such  special  school  tax  for  rural 
school  districts  shall  be  credited  by  the  county  treasurer  to  the  respective  school  districts. 

(C.   79,  L.   1915.) 

(6)  Appeals,  procedure. 

Sec.  9.  If  any  municipal  or  rural  school  district  shall  consider  itself  aggrieved  by  the 
action  of  the  board  of  county  commissioners  in  the  estimate  allowed  to  any  district,  an 
appeal  may  be  taken  by  the  aggrieved  school  district  to  the  district  court  of  the  judicial 
district  within  which  such  school  district  is  located  on  or  before  August  10th,  in  such  form 


SCHOOL  PROPERTY,   FINANCE   AND   MISCELLANEOUS   PROVISIONS  57 

and  upon  such  conditions  as  the  judge  of  the  respective  judicial  district  may  prescribe.  For 
the  consideration  of  such  appeal  the  said  judge  shall  hold  hearings  between  August  15th 
and  September  1st,  of  each  year  and  he  shall,  after  due  consideration  of  the  alleged  injustice 
and  any  statement  relative  thereto,  which  may  be  submitted  by  the  aggrieved  school  dis- 
trict or  board  of  county  commissioners,  making  such  order  on  or  before  September  10th 
in  the  matter  as  the  said  judge  may  deem  just,  which  order  shall  be  final.  If  in  such  order 
the  estimate  for  any  district  is  ordered  increased  or  decreased,  the  board  of  county  commis- 
sioners shall  make  the  proper  levy  which  will  produce  the  necessary  revenue  therefor.  The 
Attorney  General  shall,  at  the  request  of  a  board  of  education  or  school  directors  of  the 
respective  counties,  enforce  compliance  with  any  order  made  as  herein  provided  by  man- 
damus or  other  appropriate  proceeding  brought  in  the  district  court. 
(Sec.  9,   C.   79,  L.   1915.) 

(7)  Non-application  to  high  schools. 

Sec.  10.  Nothing  herein  shall  be  construed  as  amending  or  repealing  any  part  of  Chap- 
ter 57,  Laws  of  1912,  as  amended  by  Chapter  20,  Laws  of  1913,  entitled  "An  Act  for  the 
Establishment  of  County  High  Schools  and  Providing  for  the  Maintenance  Thereof.^' 

(C.    79,   L.    1915.) 

(8)  Poll  tax,  levy,  amount,  etc. 

Sec.  34.  That  Section  4936,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read 
as  follows:  A  poll  tax  of  one  dollar  shall  be  levied  upon  all  able-bodied  male  persons  of 
the  age  of  twenty-one  years  or  over,  for  school  purposes.  It  shall  be  the  duty  of  the  clerk 
of  the  various  school  districts  of  the  State  of  New  Mexico  to  make  out  separate  lists  of  all 
persons  liable  to  pay  a  poll  tax,  resident  in  their  respective  districts,  and  the  clerk  thereof 
shall  receive  three  dollars  to  be  paid  by  the  county  board  of  education  or  from  the  municipal 
school  filnds  out  of  the  funds  to  the  credit  of  the  school  district  for  which  such  service  is 
rendered,  and  no  other  person  shall  receive  a  recompense  for  such  services.  It  shall  be  the 
duty  of  the  said  school  district  clerk  to  collect  said  poll  tax  and  said  clerk  shall  receive 
ten  per  centum  of  all  moneys  collected  from  polltaxes.  The  school  district  clerks  are  hereby 
empowered  to  bring  suit  in  the  name  of  the  school  district  for  the  collection  of  said  poll  tax, 
if  not  paid  within  sixty  days  after  the  posting  of  the  notice  specified  in  Section  4937,  Code 
of  1915.  All  poll  taxes  shall  be  paid  to  the  county  treasurer  for  the  use  of  the  respective 
school  districts  in  which  the  same  are  collected,  and  the  treasurer  shall  pay  to  the  school 
district  clerk  his  percentage  of  the  gross  amount  collected.  Provided,  that  no  resident  of 
any  school  district  shall  pay  his  poll  tax  to  any  other  district  than  the  one  in  which  he 
resides;  and,  provided  further,  that  no  poll  tax  shall  be  received  by  any  district  clerk 
from  any  resident  of  any  other  school  district.  No  property  shall  be  exempt  from  execu- 
tion in  suits  for  collection  of  poll  taxes  and  the  justices  of  the  peace  and  constables  shall 
not  demand  fees  in  advance  for  such  suits;  and,  provided  further,  that  all  money  collected 
as  poll  tax  shall  be  immediately  transmitted  to  the  county  treasurer  and  by  him  credited 
to  the  district  transmitting  the  same,  but  no  such  money  shall  be  expended  except  upon 
warrant  of  the  county  board  of  education  or  municipal  board  of  education. 
(C.   105,   L.   1917.) 

(9)  §  4937.    Posting  list,  report. 

Sec.  131.  It  shall  be  the  duty  of  the  school  district  clerks  to  make  at  least  four  copies 
of  the  names  of  persons  liable  to  pay  poll  tax,  and  on  the  first  Monday  in  February  he  shall 
post  one  of  said  lists  in  some  conspicuous  place  in  their  respective  districts  for  the  infor- 
mation of  the  people,  and  on  or  before  the  first  Monday  in  April  the  school  district  clerks 
shall  report  to  the  county  clerk  a  complete  list  of  said  persons  liable  to  pay  a  poll  tax  in 
their  respective  districts,  and  shall  report  said  list  to  the  county  superintendent  in  writing, 
and  shall  report  to  said  superintendent  the  amount  of  poll  tax  collected,  from  whom  col- 
lected, the  names  of  persons  still  delinquent  and  the  reasons  for  such  delinquency,  and 
further  one  list  of  such  persons  liable  to  pay  a  poll  tax  shall  be  filed  in  the  office  of  said 
clerks. 

(Act  of  Mar.  14,   1905;   L.  1905,  C.   61,    §2.) 

(10)  Exemptions,  soldiers,  etc. 

Every  resident  of  the  State  who  has  served  in  the  army,  navy  or  marine  corps  of  the 
United  States  in  time  of  war  and  who  has  been  discharged  therefrom  by  any  kind  of  dis- 
charge except  dishonorable  or  for  misconduct,  shall  be  exempt  from  paying  poll  tax. 

(S.   B.   31,  Laws   1919.) 
(Effective  at  once) 

SCHOOL  FUNiDS. 
(ARTICLE  3.) 
(  1  )      General  expenditures  and  bids. 
(  2  )      Purpose^  applied,  prohibition. 
(  3  )      Dedication  of  public  not  private. 
(  4  )      Financial  reports. 
(  5  )      Contracts,  prohibition. 


58  SCHOOL  PROPERTY,   FINANCE   AND   MISCELLANEOUS   PROVISIONS 

STATE  FUNDS. 

(  6  )  Deposit,  creation  of  funds. 

(  7  )  Permanent  funds,   creation  and  definition, 

(  8  )  Permanent   funds,   investment. 

(  9  )  Permanent  funds,   investment,   requisites. 

(10)  Permanent  funds,  investment,  bond,   etc. 

(11)  Permanent   funds,    investment,   bonds. 

(12)  Permanent  funds,  investment,  deposit. 

(13)  Current  and  income  funds,   transfer  to   schools. 

(14)  Current   school   fund,    apportionment. 

COUNTY  FUNDS. 

(15)  General  county  fund. 

(16)  Forest  reserve  funds,  apportionment. 

(17)  Additions  to  general  county  fund. 

(1)  §  4893.     Expenditures  and  "bids. 

No  expenditure  involving  an  amount  greater  than  two  hundred  dollars  shall  be  made 
except  in  accordance  with  the  provisions  of  a  written  contract,  and  no  contract  involving 
an  expenditure  of  more  than  five  hundred  dollars,  for  the  purpose  of  erecting  any  public 
buildings  or  making  any  improvements  shall  be  made  except  upon  sealed  proposals,  and  to 
the  lowest  responsible  bidder. 

(C.  L.   1897,   §1581.) 
This  section  requires  competitive  bidding  based  upon  plans  and  specifications  and  to 
attain  that  end  some  form  of  reasonable  notice  is  required  and  is  to  be  implied  from  the 
nature  of  the  statute.     This  section  applies  to  boards  of  school  directors  as  well  as  boards 
of  education. 

(Mayes  v.  Bassett,   17  N.  M.  193;   125  Pac.  609.) 

(2)  (Borrowed  money  must  be  applied  to  purposes  for  which  obtained,  or  to  repay  loan, 
and  to  no  other  purposes.) 

(Sec.  9,  Art.  9,   State  Constitution.) 

(3)  Dedication  of  funds. 

The  schools,  colleges,  universities  and  other  educational  institutions  provided  for  by 
this  constitution  shall  forever  remain  under  the  exclusive  control  of  the  State,  and  no  part 
of  the  proceeds  arising  from  the  sale  or  disposal  of  any  lands  granted  to  the  State  by  Con- 
gress, or  any  other  funds  appropriated,  levied  or  collected  for  educational  purposes,  shall 
be  used  for  the  support  of  any  sectarian,  denominational  or  private  school,  college  or  uni- 
versity. 

(Sec.  3,  Art.  12,  State  Constitution.) 

(4)  §4850.    Financial  reports. 

The  clerks  of  the  several  rural  districts,  principals  or  superintendents  of  town  or  city 
schools  shall,  between  the  first  day  of  June  and  the  first  day  of  July  of  each  year,  make 
a  report  to  the  county  superintendent  in  writing,  showing  in  detail  the  financial  condition 
of  the  district,  the  amount  of  money  received  and  from  what  source,  including  receipts 
from  poll  taxes,  etc.,  district  bonds  or  special  levies^  and  the  manner  in  which  the  same 
has  been  disbursed  during  the  previous  year,  amount  expended  for  repairs  or  improve- 
ments of  school  houses  and  grounds,  whether  rented  or  owned  by  the  district,  the  value  of 
all  school  property,  amount  of  bonded  indebtedness  of  district,  status  of  interest  fund, 
amounts  paid  for  rent,  fuel,  etc.,  salaries  paid  teachers  for  the  preceding  year,  the  number 
and  sex  of  the  school  population  and  amount  expended  for  books  for  indigent  children 
under  Section  4961,  and  failure  to  properly  prepare  and  forward  said  reports  shall  subject 
such  clerk,  principals  or  town  or  city  superintendents  to  a  fine  of  not  more  than  one  hun- 
dred dollars  or  imprisonment  in  the  county  jail  not  exceeding  sixty  days,  and  it  shall  be 
the  duty  of  county  superintendents  to  file  information  against  such  derelicts. 
(L.   '03,  C.   119,   §  8.) 

(5)  Contracts,  prohibition  concerning  school  authorities. 

Sec.  32.  That  Section  4917,  Code  of  1915,  be  and  it  hereby  is  amended  so  as  to  read  as 
follows:  No  county  board  of  education,  nor  municipal  board  of  education,  nor  any  member 
thereof  shall  act  as  agent  for  any  person,  firm,  or  corporation  engaged  in  selling  school 
furniture,  apparatus,  etc.,  or  doing  any  work  under  contract  for  such  boards,  nor  shall  any 
such  boards  or  members  thereof  receive  any  commission  on  account  thereof  and  all  persons 
identified  in  an  official  capacity  with  the  public  schools  or  with  the  higher  educational  in- 
stitutions supported  in  whole  or  in  part  by  the  public  funds  of  this  State  are  prohibited 
from  being  a  party  directly  or  indirectly  to  any  contract,  or  interested  in  any  contract,  in 
connection  with  the  operation  or  maintenance  of  such  public  schools  or  higher  educational 
institutions;  and  any  contract  in  which  they  are  so  interested  shall  be  void,  and  the  mem- 
bers of  any  educational  board  voting  for  the  same  shall  be  guilty  of  a  misdemeanor  and 
liable  to  punishment  accordingly. 
(C.   105,  L.   1917.) 


SCHOOL   PROPERTY,   FINANCE   AND   MISCELLANEOUS   PROVISIONS  59 

STATE    FUNDS. 
(6)     Creation,  various  funds. 

Sec.  1.  The  following  funds  are  hereby  created  to  the  credit  of  which,  in  the  respective 
proportions  to  which  they  are  by  law  entitled,  all  moneys  derived  from  State  lands  shall  be 
deposited  by  the  Commissioner  of  Public  Lands  with  the  State  Treasurer,  as  nearly  as  pos- 
sible on  the  first  day  of  each  calendar  month,  and  the  Commissioner  shall  keep  an  accurate 
record  of  all  such  deposits: 

Common  School  Current  Fund. 

Common  School  Permanent  Fund. 

University  Income  Fund. 

University  Permanent  Fund. 

University  Saline  Income  Fund. 

Agricultural  College  Income  Fund. 

Agricultural  College   Permanent  Fund. 

Normal  School,  Silver  City,  Income  Fund. 

Normal  School,  Silver  City,  Permanent  Fund. 

Normal  School,  Las  Vevas,  Income  Fund. 

Normal  School,  Las  Vegas,  Permanent  Fund. 

Spanish-American  School,  El  Rito,  Income  Fund. 

Spanish-American  School,  El  Rito,  Permanent  Fund. 

Normal  School,  Eastern,  Income  Fund. 

Normal  School,  Eastern,  Permanent  Fund. 

Being  the  school  to  be  established  under  Section  12,  of  Article  XII,  of  the  Constitution. 

School  of  Mines  Income  Fund. 

School  of  Mines  Permanent  Fund. 

Military  Institute  Income  Fund. 

Military  Institute  Permanent  Fund. 

Reform  School  Income  Fund. 

Reform  School  Permanent  Fund. 

Miners'  Hospital  Income  Fund. 

Miners'  Hospital  Permanent  Fund. 

Insane  Asylum  Income  Fund. 

Insane  Asylum  Permanent  Fund. 

Penitentiary  Income  Fund. 

Penitentiary  Permanent  Fund. 

State  Charitable,  Penal  and  Reformatory  Institutions  Income  Fund. 

State  Charitable,  Penal  and  Reformatory  Institutions  Permanent  Fund. 

To  be  equally  distributed  among  the  institutions  as  defined  in  Section  1  of  Article  XIV 
of  the  Constitution. 

Blind  Asylum  Income  Fund. 
Blind  Asylum    Permanent  Fund. 
Deaf  and  Dumb  Asylum  Income  Fund. 
Deaf  and  Dumb  Asylum  Permanent  Fund. 
Permanent  Reservoirs  for  Irrigation  Purposes  Income  Fund. 
Permanent  Reservoirs  for  Irrigation  Purposes  Permanent  Fund. 
Improvement  of  Rio  Grande  Income  Fund. 
Improvement  of  Rio  Grande  Permanent  Fund. 
Public  Buildings  at  Capital  Income  Fund. 
Public  Buildings  at  Capital  Permanent  Fund. 

Santa  Fe  and  Grant  County  Railroad  Bond  Fund,  to  be  applied  as  provided  by  Section 
4  of  Article  IX  of  the  Constitution. 
State  Lands  Maintenance  Fund. 
(C.  115,  L.  1917.) 

(7)     Permanent  funds,  defined. 

Sec.  2.  The  permanent  funds  created  by  this  act  shall  consist  of  the  proceeds  of  sales 
of  lands  belonging  thereto  that  may  have  been  or  may  hereafter  be  granted  to  the  State,  not 
otherwise  appropriated  by  the  terms  and  conditions  of  the  grant,  and  such  other  moneys  as 
may  be  specifically  provided  by  law,  and  the  income  and  current  funds  created  by  this  act 
shall  consist  of  rentals,  sale  of  products  from  lands,  interest  on  permanent  funds,  and  any- 
thing else  other  than  money  directly  derived  from  sale  of  all  State  lands  so  granted,  the 
income  derived  from  the  investment  of  the  permanent  funds  herein  created,  such  other 
moneys  as  may  be  specifically  provided  by  law,  and  miscellaneous  income  not  provided  for 
by  this  act. 

(C.  115,  L.  1917.) 


60  SCHOOL  PROPERTY,   FINANCE   AND   MISCELLANEOUS   PROVISIONS 

(8)  Permanent  funds,  invested,  inviolability. 

Sec.  3.  Tke  State  Treasurer  shall  keep  the  permanent  funds  enumerated  in  this  section 
invested  in  safe  interest-bearing  securities,  and  which  said  funds  shall  forever  be  kept  intact 
and  inviolable,  as  hereinafter  provided,  viz.:  Common  School  Permanent  Fund;  University- 
Permanent  Fund;  Agricultural  College  Permanent  Fund;  Normal  School,  Silver  City,  Per- 
manent Fund;  Normal  School,  Las  Vegas,  Permanent  Fund;  Spanish- American  School,  El 
Eito,  Permanent  Fund;  Normal  School,  Eastern,  Permanent  Fund;  School  of  Mines  Perma- 
nent Fund;  Military  Institute  Permanent  Fund;  Reform  School  Permanent  Fund;  Miners' 
Hospital  Permanent  Fund;  Insane  Asylum  Permanent  Fund;  Penitentiary  Permanent 
Fund;  State  Charitable,  Penal  and  Reformatory  Institutions  Permanent  Fund;  Blind 
Asylum  Permanent  Fund,  and  Deaf  and  Dumb  Asylum  Permanent  Fund. 

(C.  115,  L.  1917.) 

(9)  Permanent  Funds,  Investment,  Requisites. 

Sec.  4.  Before  the  State  Treasurer  invests  any  of  such  permanent  funds  in  such  inter- 
est-bearing securities,  it  shall  be  his  duty  to  secure  the  approval  of  the  Governor  and  the 
Secretary  of  State  to  such  proposed  investment.  The  State  Treasurer  shall  submit  to  such 
officials  in  writing  the  proposed  investment,  and  the  approval  thereof  shall  be  likewise 
made  in  writing  by  the  Governor  and  the  Secretary  of  State.  After  securing  the  approval 
of  said  officials  to  such  proposed  investment,  it  shall  be  the  duty  of  the  State  Treasurer  to 
submit  to  the  Attorney  General  of  the  State  a  copy  of  the  proposed  bond  or  other  security 
in  which  he  proposes  to  invest  such  permanent  funds,  and  it  shall  be  the  duty  of  the  At- 
torney General  to,  in  writing,  approve  or  disapprove  the  legality  of  the  bond  or  other  secur- 
ity in  which  it  is  proposed  to  invest  such  funds,  and  no  monej'  belonging  to  any  of  such 
funds  shall  be  invested  in  any  security  until  the  legality  of  the  bond  issue  or  other  security 
has  been  approved  in  writing  by  the  Attorney  General.  All  of  said  moneys  in  said  peima- 
nent  funds  enumerated  in  section  three  of  this  act  shall  be  invested  in  the  bonds  of  the 
State  or  Territory  of  New  Mexico,  or  of  any  county,  city,  town,  board  of  education  or  school 
district  therein  as  hereinafter  provided. 

(C.  115,  L.  1917.) 

(10) — Permanent  funds,  investment,  bonds,  etc. 

Sec.  5.  Within  thirty  days  after  the  passage  and  approval  of  this  act,  the  State  Treas- 
urer shall  notify  the  Governor  and  Secretary  of  State  of  the  amounts  then  existing  in  the 
permanent  fund  as  enumerated  in  section  three  of  this  act,  and  thereafter  he  shall  notify 
such  officers  of  all  moneys  received  by  him,  from  the  Commissioner  of  Public  Lands  within 
ten  days  following  the  receipt  thereof.  The  State  Treasurer  shall  keep  himself  informed 
relative  to  all  proposed  bonds  issued  by  the  State,  or  any  county  or  municipality  therein, 
and  as  to  the  ownership  of  bonds  theretofore  issued  by  the  State  or  any  county  or  munici- 
pality therein,  and  the  market  price  of  the  same,  and  shall,  when  opportunity  is  offered  to 
purchase  any  of  such  securities,  propose  to  the  Governor  and  the  Secretary  of  State  the 
purchase  of  such  securities  as  he  deems  it  advisable  to  buy  for  the  benefit  of  such  funds, 
and  shall  specify  distinctly  the  securities  which  he  proposes  to  buy,  and  it  shall  be  his  duty, 
insofar  as  practicable,  to  invest  such  permanent  funds  in  such  securities,  subject  to  the  pro- 
visions of  this  act.  When  the  State  Treasurer  has  on  hand  money  belonging  to  such  per- 
provisions  of  this  act.  When  the  State  Treasurer  has  on  hand  money  belonging  to  such 
permanent  funds  insufficient  in  amount  to  justify  investing  in  such  securities,  or  if  it  shall 
be  impossible  to  acquire  such  securities  at  a  reasonable  price,  the  State  Treasurer  may 
propose  to  the  Governor  and  Secretary  of  State  to  deposit  the  moneys  belonging  to  such 
permanent  fund  in  any  state  or  national  bank  or  banks,  at  not  less  than  four  per  centum 
per  annum,  and  such  funds  may  be  permitted  to  remain  in  such  bank  or  banks  until  such 
time  as  sufficient  moneys  accumulate  to,  in  the  opinion  of  the  State  Treasurer,  the  Governor 
and  the  Secretary  of  State,  make  the  purchase  of  the  bonds  authorized  by  this  act  to  be 
purchased,  practicable. 

(C.  115,  L.  1917.) 

(11)  Permanent  funds,  investments,  bonds. 

Sec.  6.  The  Governor  and  Secretary  of  State  may  approve  of  the  purchase  of  bonds  at 
a  premium  and  direct  the  same  paid  from  the  permanent  funds  mentioned  in  section  three 
of  this  act,  but  in  such  cases  the  amount  of  such  premium  so  paid  shall  be  reimbursed  to 
said  permanent  fund  from  the  income  funds  of  the  institutions  or  funds  involved,  by  the 
State  Treasurer  by  proper  transfers  on  his  books  and  records.  All  permanent  losses  to  any 
of  such  funds,  however,  occurring,  shall  be  reimbursed  by  the  State  Treasurer  from  the  re- 
spective income  funds  created  by  this  act. 

(C.  115,  L.  1917.) 

(12)  Permanent,  investment,  deposit. 

Sec.  7.    The  State  Treasurer,  subject  to  the  approval  of  the  Governor  and  Secretary  of 


SCHOOL   PROPERTY,   FINANCE   AND    MISCELLANEOUS    PROVISIONS  61 

State,  as  in  this  act  provided,  shall  have  the  control  and  direction  of  the  investment  of 
the  funds  as  enumerated  herein,  viz.:  Permanent  Eeservoirs  for  Irrigation  Purposes  Per- 
manent Fund;  Improvement  of  Rio  Grande  Permanent  Fund;  Public  Buildings  at  Capital 
Permanent  Fund;  and  Santa  Fe  and  Grant  County  Railroad  Bond  Fund,  and  such  funds 
shall  be  used  as  directed  by  the  terms  and  conditions  of  the  grants,  or  as  directed  by  the 
Legislature  of  the  State  of  New  Mexico;  but,  as  far  as  possible,  shall  be  invested  in  the 
securities  mentioned  in  section  four  of  this  act,  or  may  be,  if  deemed  advisable,  deposited 
in  any  state  or  national  bank  or  banks  upon  such  terms  and  conditions  as  may  be  approved 
by  the  Governor  and  Secretary  of  State.  Provided,  however,  that  funds  belonging  to  the 
Santa  Fe  and  Grant  County  Railroad  Bond  Fund  shall  be  used,  as  far  as  practicable,  in 
the  purchase  of  Series  C  bonds  as  authorized  by  Section  3  of  Article  IX  of  the  Constitu- 
tion, and  if  such  purchases  are  at  any  time  impracticable  or  such  bonds  cannot  be  pur- 
chased, then  the  balances  in  such  fund  shall  be  deposited  in  banks  as  herein  provided. 

(C.  115,  L.  1917.)  • 

(13)  Current  and  Income,  disposition  of. 

Sec.  8.  All  income  and  current  funds  created  by  this  act  for  the  common  schools  and 
various  state  institutions  as  enumerated  in  section  three  of  this  act  shall  be,  by  the  State 
Auditor,  from  time  to  time,  transferred  to  the  credit  of  the  schools  and  institutions,  to  be 
used  as  provided  by  law  for  the  support  and  maintenance  of  said  schools  and  institutions, 
subject,  however,  to  the  limitation  as  provided  for  in  section  six  of  this  act. 

(C.  115,  L.  1917.) 

(14)  Current  School,  apportionment. 

Sec.  2.  That  on  the  first  Monday  of  March,  June,  September  and  December  in  each 
year,  the  state  treasurer  shall  make  a  complete  statement  of  all  the  monies  in  said  current 
school  fund  and  certify  the  same  to  the  State  Superintendent  of  Public  Instruction.  Within 
twenty  days  after  the  first  Mondays  of  said  months  the  said  State  Superpintendent  shall 
make  an  apportionment  of  the  money  in  the  current  school  fund  among  the  counties  ac- 
cording to  the  number  of  children  of  school  age  in  each  county,  as  shown  by  the  returns 
of  county  superintendents  of  schools  next  preceding  the  making  of  such  apportionment 
and  shall  certify  such  apportionment  for  each  county  to  the  State  Auditor  and  Treasurer 
and  the  apportionment  of  each  respective  county  to  the  Treasurer  and  Superintendent  of 
Schools  of  each  county.  The  State  Auditor  shall  draw  his  warrant  on  the  State  Treasurer 
in  favor  of  the  proper  county  treasurer  for  the  amount  apportioned  to  his  county,  and  said 
money  shall  become  a  part  of  the  general  county  school  fund,  and  shall  be  apportioned 
as  other  money  in  said  fund. 

COUNTY   FUNDS. 

(15)  §4934.     General  school  fund. 

Sec.  128'.  The  following  are  declared  to  be  and  are  to  be,  temporary  funds  for  common 
school  purposes  and  shall  be  paid  to  the  county  treasurer  to  be  applied  by  the  county  treas- 
urer to  the  general  school  fund  of  each  respective  county. 

First.    All  forfeitures  or  recoveries  on  bonds  of  county,  precinct  or  State  school  officers. 

Second.     The  proceeds  of  the  sales  of  lost  goods  or  estrays. 

Third.  All  moneys  arising  from  licenses  imposed  upon  wholesale  and  retail  liquor  deal- 
ers, distilleries,  breweries,  wine  presses,  which  may  be  required  to  pay  licenses. 

Thirty-three  and  one-third  per  cent,  of  all  the  moneys  arising  from  the  above  enumer- 
ated sources,  when  collected,  shall  be  paid  in  to  the  county  treasurer  to  the  account  of  the 
general  county  school  fund  of  each  county  in  which  collected.  The  collector  or  person 
paying  in  the  above  enumerated  moneys  to  the  county  treasurer  shall  receive  from  the 
county  treasurer  a  receipt  in  full  for  the  amunt  paid  in. 

All  moneys  accruing  under  the  provisions  of  this  section  shall  on  or  before  the  first 
Monday  in  January,  April,  July  and  October  in  each  year,  be  paid  into  the  county  treasury 
by  the  officer  collecting  the  same,  who  shall  take  duplicate  receipts  therefor,  one  of  which 
he  shall  file  in  the  office  of  the  county  clerk,  and  all  officers  who  fail  for  two  consecutive 
terms  to  make  such  payment  and  file  said  duplicate  receipts  with  the  county  clerk,  or  who 
shall  have  failed  to  make  quarterly  reports  as  required  by  law,  shall  be  liable  to  indictment 
for  malfeasance  in  office  and  false  swearing,  and  the  person  so  indicted  shall  upon  convic- 
tion thereof  be  ineligible  to  hold  said  office  for  the  period  of  two  years  thereafter;  and 
judges  of  the  district  court  shall  be  required  at  each  term  to  give  this  section  of  the  law 
in  special  charge  to  the  grand  jury,  which  body  is  authorized  to  especially  inquire  into  and 
make  presentment  of  offenses  committed  under  this  article. 

County  treasurers  shall  quarterly,  on  or  before  the  third  Monday  in  March,  June,  Sep- 
tember and  December  in  each  year,  notify  the  county  superintendents  of  schools  in  their 
respective  counties  of  all  funds  coming  into  their  hands  for  public  school  purposes  during 
the  preceding  quarter  and  the  total  amount  of  moneys  on  hand  then  available  for  public 
school  purposes. 


62 


SCHOOL  PROPERTY,   FINANCE   AND   MISCELLANEOUS   PROVISIONS 


(Act  of  Feb.  23,  1893;  L.  1893,  C.  59;  C.  L.  1897,  §1548,  as  amended  by  Act  of  Mar.  19, 
1903;  L.  1903,  C.  119,  §  17  and  §  19.) 

As  to  proceeds  of  escheats,  fines  and  forfeitures,  see  Constitution,  Art.  XII,  Sec.  4, 
which  provides  that  they  shall  be  part  of  current  school  fund  of  State,  and  as  to  disposition 
of  balance  of  funds  see  Sec.  2900. 

(Cited  in  Romero  v.  Bd.  of  Education,   10  N.  M.  67;    61  Pac.   109;    Opinion  Atty.   Gen.   1910-12, 
pp.   55-189.) 

(16)  Forest  reserve,  apportionment. 

Sec.  1.  That  Section  3  of  Chapter  119  of  the  Session  Laws  of  1909  (§1352)  be  and  the 
same  is  hereby  amended  so  as  to  read  as  follows: 

"Sec.  3.  That  such  monies  shall  be  applied  in  the  different  counties  to  which  the  same 
is  transmitted,  one-half  thereof  to  the  credit  of  the  general  county  school  fund  and  one-half 
to  the  credit  of  the  county  road  fund.  Provided,  that  in  the  county  of  Socorro  one-half  of 
such  moneys  apportioned  to  said  county  shall  be  remitted  to  the  county  treasurer  of  said 
county  and  by  him  credited  to  and  kept  in  a  separate  fund  to  be  known  as  the  Forest  Re- 
serve Road  Fund  and  shall  be  expended  by  and  under  the  authority  and  supervision  of  the 
board  of  county  commissioners  of  said  county  upon  any  road  or  roads  within  the  forest  re- 
serves of  said  county,  or  upon  roads  leading  from  settlements  or  towns  in  such  reserves  to 
the  county  seat  of  said  Socorro  county.    *  *  *^' 

(Sec.   1,  C.  38,  L.  1915.) 

(17)  §4935.     Forfeitures  of  penal  bonds. 

Sec.  129.  All  moneys  recovered  on  forfeited  penal  bonds  or  recognizances  shall  be 
paid  into  the  court  or  school  funds  of  the  respective  counties  where  the  cause  of  action 
originated,  or  where  such  recovery  may  be  had,  at  the  discretion  of  the  court  trying  said 
cause  of  action. 


(L.  1899,  C.  13,  §1.) 

(See  Con&titution,  Art  12,   §4.) 


MISCELLANEOUS  PROVISIONS. 


(1 
(  2 
(3 
(4 
(5 
(6 
(7 
(8 
(9 
(10 
(11 


(12 
(13 
(14 
(15 
(16 
(17 
(18 
(19 
(20 
(21 
(22 
(23 
(24 


English  and  Spanish, 
general  requirements, 
alcohol  and  narcotics. 


(ARTICLE  4.) 
Courses, 
Courses, 
Courses, 
Same. 
Same. 
Same. 

School   day  and  month. 
Flag  displaying. 

History  of  New  Mexico;   preparation  and  sale. 
Control  of  schools. 
Creation  of  schools. 

CADET  COMPANIES  AND   PLATOONS. 
Creation,   regulations,    platoons. 
Officers,  commissions. 
Officers,  additional,  proviso. 
Drill. 
Uniforms. 

Commissions,  cancellation,  reduction  to  ranks. 
Target  practice  and  physical   culture. 
Instructors,   appointment,   compensation. 
Target  practice. 
Inspectors,  reports. 
Reports,  adjutant  general. 
Property,  responsibility  and  control. 
Supplies  and  equipment. 


(1)  Courses,  English  and  Spanish. 

Sec.  2.  All  branches  of  study  in  said  schools  shall  be  taught  in  the  English  language 
as  in  other  public  schools  of  the  State;  provided,  however,  that  it  is  hereby  made  the  duty 
of  the  teachers  in  said  schools  to  teach,  in  addition  to  the  required  studies  in  the  English 
language,  Spanish  reading  to  Spanish  speaking  pupils  and  to  such  English  speaking 
pupils  as  may  desire  to  learn  Spanish  reading.  In  addition  thereto,  the  said  teachers  shall 
teach  all  Spanish  speaking  pupils  to  translate  their  English  reading  lessons  into  the  Span- 
ish language,  to  the  end  that  such  pupils  may  better  understand  that  which  they  read  in 
English.  For  the  purpose  of  teaching  Spanish  reading,  such  Spanish  text  books  shall  be 
used  as  are  commonly  used  in  Spanish  schools. 
(H.  B.   154,  L.  1919.) 

(2)  §  4843.    Courses,  general  requirements. 

There  shall  be  established  in  each  school  district  one  or  more  schools  in  which  shall  be 
taught   orthography,  reading,  writing,   arithmetic,  grammar,   geography,  the  English  lan- 
guage, and  the  history  of  the  United  States. 
(C.  L.  1897,   §1629.) 


SCHOOL   PROPERTY,   FINANCE   AND    MISCELLANEOUS   PROVISIONS  63 

(3)  §  4863.     Courses,  alcohol  and  narcotics,  ^udy  of. 

The  nature  of  alcoholic  drinks  and  narcotics,  and  special  instruction  as  to  their  effects 
upon  the  human  system,  in  connection  with  the  several  divisions  of  the  subject  of  physiol- 
ogy and  hygiene,  shall  be  included  in  the  branches  of  study  taught  in  the  public  schools, 
and  shall  be  studied  and  taught  as  thoroughly  and  in  the  same  manner  as  other  like  re- 
quired branches  are  in  said  schools,  by  the  use  of  text  books  in  the  hands  of  pupils  where 
other  branches  are  thus  studied  in  said  schools,  and  by  all  the  pupils  in  all  said  schools 
throughout  the  state. 

(L.   1912,   C.  29,    §1.) 

(4)  §  4864.     Courses,  drinks  and  narcotics — Reform  school — Institute. 

Adequate  time  and  attention  shall  be  given  to  instruction  in  this  branch  of  study  in 
the  State  educational  institutions,  in  the  New  Mexico  Reform  School  at  Springer  and  in  all 
teachers'  institutes,  and  competent  lecturers  on  this  subject  shall  be  secured  for  teachers' 
institutes. 

(L.  1912,   C.  29,   §2.) 

(5)  §  4865.     Courses,  drinks  and  narcotics — ^Failure  to  instruct  concerning. 

It  shall  be  the  duty  of  the  proper  officers  in  control  of  any  school  or  institution  de- 
scribed in  the  two  foregoing  sections  to  enforce  the  provisions  thereof;  and  any  such  offi- 
cer, school  director,  superintendent,  or  teacher,  who  shall  refuse  or  neglect  to  comply  with 
the  requirements  of  said  sections,  or  shall  neglect  or  fail  to  make  proper  provisions  for  the 
instruction  required  and  in  the  manner  specified,  for  all  the  pupils  in  each  and  every  school 
or  institution  under  his  jurisdiction,  shall  be  removed  from  office,  and  the  vacancy  filled  as 
in  other  cases. 

(L.   1912,  C.  29,   §3.) 

(6)  §4866.     Courses,  drinks  and  narcotics — Teachers'  certificates. 

No  certificate  shall  be  granted  to  any  person  to  teach  in  the  public  schools  who  has  not 
passed  a  satisfactory  examination  to  enable  him  to  properly  teach  the  branches  of  study 
provided  for  in  the  three  preceding  sections. 

(L.   1912,   C.   29,    §4.)  i 

(7)  §4849.     School  month — School  day. 

The  school  month  shall  consist  of  four  weeks  of  five  days  each,  and  a  school  day 
shall  consist  of  six  hours. 

(C.  L.  1897,   §1557.) 

(8)  §4861.     Displaying  flag. 

The  school  directors  or  boards  of  education  in  the  various  districts,  cities  and  towns 
in  the  State  shall  cause  the  United  States  flag  to  be  displayed  upon  the  public  school  build- 
ings or  premises  therein  during  school  hours  if  in  their  best  judgment  it  be  practicable, 
otherwise  at  such  times  as  they  may  direct,  and  such  boards  of  school  directors  or  boards  of 
education  shall  also  establish  rules  and  regulations  for  the  proper  care,  custody  and  display 
of  the  flag;  and  when,  for  any  cause,  it  is  not  displayed,  it  shall  be  placed  conspicuously  in 
the  principal  room  of  the  school  building. 

(L.   1905,   C.  48,   §2.) 

(9)  §  4959.     History  of  New  Mexico,  preparation  and  sale. 

Sec.  153.  The  said  History  and  Civics  of  the  State  of  New  Mexico  shall  be  prepared 
by  a  known  historian  of  the  State  and  shall  be  sold  at  a  price  to  be  fixed  by  the  State  Board 
of  Education  not  to  exceed  one  dollar  per  volume. 

(Act  of  June  8,  1912;   L.  1912,  C.  41,   §3.) 

(10)  Control. 

Sec.  3.  The  schools  *  *  *  provided  for  by  this  Constitution  shall  forever  remain  under 
the  exclusive  control  of  the  State.  *  *  * 

(Sec.  3,  Art.   12,   State  Constitution.) 

(11)  Creation  of  schools. 

Sec.  1.     A  uniform  system  of  free  public  schools  sufficient  for  the  education  of,  and 
open  to,  all  children  of  school  age  in  the  State  shall  be  established  and  maintained. 
(Sec.   1,   Art.    12,    State  Constitution.) 


64  SCHOOL  PROPERTY,   FINANCE   AND   MISCELLANEOUS   PROVISIONS 

CADETS   (SCHOOR)    (C.  91,  L.  1915). 

(12)  School  cadet  companies,  creation,  regulations,  platoon. 

Sec.  1.  The  male  students  of  any  State  educational  institution  or  of  any  high  school 
in  this  State,  having  forty  or  more  such  students,  fourteen  years  of  age  or  over,  may  be 
organized  into  a  school  cadet  company,  or  companies,  of  not  less  than  forty  members  each, 
under  such  rules  and  regulations  as  the  governing  body  of  any  such  school  or  institution 
may  prescribe;  provided,  that  in  the  event  any  such  school  or  institution  shall  have  less 
than  forty  and  more  than  twenty  such  students  they  be  organized  into  a  school  cadet 
platoon.  Said  cadet  companies  or  platoons  shall  at  all  times  be  under  the  guidance  and 
control  of  the  principal  of  the  said  school,  whose  duty  it  shall  be  to  make  regulations  re- 
garding the  moral,  educational  and  physical  welfare  of  the  said  cadets. 

(13)  School  cadets,  officers,  commission  national  guard. 

Sec.  2.  The  said  companies  shall  have  one  cadet  captain,  one  cadet  first  lieutenant,  one 
cadet  second  lieutenant,  and  such  non-commissioned  officers  and  privates  as  correspond  to 
the  non-commissioned  officers  and  privates  of  the  infantry  companies  of  the  National  Guard 
of  New  Mexico.  The  commissioned  officers  of  such  companies  shall  be  commissioned  by  the 
Governor  of  the  State  from  a  list  of  nominees  submitted  to  him  by  the  principal  of"  the 
school  or  institution  wherein  the  company  is  organized,  and  the  non-commissioned  officers 
shall  be  appointed  by  the  jcaptain.  In  the  event  that  there  are  less  than  enough  students 
in  any  such  institution  or  school  than  is  required  to  form  a  company  under  the  provisions 
of  this  act,  and  a  platoon  is  formed,  such  platoon  shall  be  commanded  by  one  lieutenant  and 
shall  have  such  non-commissioned  officers  as  the  like  unit  of  the  National  Guard  of  New 
Mexico. 

(14)  School  cadets,  additional  officers,  proviso. 

Sec.  3.  In  case  any  institution  or  high  school  has  more  than  one  company,  it  shall  have 
one  cadet  major,  who  shall  be  elected  by  the  commissioned  officers  of  the  companies,  one 
cadet  adjutant  and  one  sergeant  major  who  shall  be  appointed  by  the  major. 

(15)  School  cadets,  drill. 

Sec.  4.  Said  cadets  shall  drill  in  accordance  with  the  drill  regulations  prescribed  by 
the  United  States  army. 

(16)  School  cadets,  uniform. 

Sec.  5.  Said  cadets  may  wear  a  uniform  similar  to  that  prescribed  for  the  National 
Guard  of  New  Mexico,  the  same  to  be  designed  by  the  Adjutant  General  of  the  State. 

(17)  School  cadets,  commissions  cancelled,  reduction  to  ranks. 

Sec.  6.  Any  commissioned  cadet  officer,  or  non-commissioned  officer,  may  have  his 
commission  or  warrant  cancelled,  and  be  reduced  to  the  ranks,  by  the  principal  of  the  school 
or  institution  for  falling  back  in  his  studies,  or  for  misbehavior,  either  in  school  or  in  the 
cadet  company,  or  platoon,  or  for  other  good  cause  appearing  in  the  judgment  of  said 
principal.  Provided,  however,  that  in  the  event  the  cause  of  removal  is  military  misbe- 
havior of  any  commissioned  officer  the  order  of  removal  must  be  approved  by  the  Governor 
of  the  State  before  the  same  shall  be  effective. 

(18)  Target  practice  and  physical  culture. 

Sec.  7.  Target  practice  and  physical  culture  shall  constitute  a  part  of  the  instruction 
to  be  given  to  said  cadets,  and  all  target  practice  shall  be  under  the  supervision  of  compe- 
tent members  of  the  National  Guard  of  New  Mexico,  detailed  for  that  purpose  by  the  Ad- 
jutant General  of  the  State. 

(19)  Instructor,  appointment,  compensation. 

Sec.  8.  The  Adjutant  General  of  the  State  shall  detail  from  the  organization  of  the 
national  guard,  when  practicable,  some  competent  member  thereof,  who  shall  act  as  drill, 
physical  culture  and  rifle  practice  instructor  for  said  school  cadets.  The  Adjutant  General 
may  provide  for  compensating  the  person  or  persons  detailed  by  him  to  instruct  said  cadets 
as  aforesaid. 

(20)  Target  practice. 

Sec.  9.  "Whenever  practicable,  said  cadets  shall  be  permitted  to  shoot  at  target  prac- 
tice upon  national  guard  rifle  ranges,  under  the  supervision  of  national  guard  instructors. 

(21)  Inspectors,  reports. 

Sec.  10.  Inspectors  of  the  national  guard  shall  inspect  and  report  on  said  school  cadet 
companies  and  platoons  at  least  once  each  year. 


SCHOOL   PROPERTY,   FINANCE   AND    MISCELLANEOUS   PROVISIONS  65 

(22)  Institutional  reports,  Adjutant  General. 

Sec.  11.  The  Adjutant  general  shall  provide  suitable  drill  regulations,  books  of  in- 
struction and  the  necessary  blank  forms  for  reports  for  each  of  said  schools  or  institutions 
having  a  cadet  company,  relating  to  the  drill,  physical  culture,  target  practice,  attendance, 
discipline  and  condition  of  property  of  such  cadet  organizations.  Such  reports  shall  be 
made  and  forwarded,  in  duplicate,  one  copy  to  the  Superintendent  of  Public  Instruction 
and  one  copy  to  the  Adjutant  General's  office,  semi-annually,  and  shall  bear  the  endorse- 
ment of  the  principal  of  said  school,  containing  such  remarks  as  the  principal  may  deem 
pertinent. 

(23)  Property,  supervision  and  control. 

Sec.  12.  The  principal  of  the  school  or  institution  shall  be  responsible  for  all  public 
property  supplied  to  said  cadet  companies  or  platoons,  and  shall  supervise  the  proper  care 
thereof. 

(24)  Supplies,  Adjutant  General. 

Sec.  13.  The  adjutant  general  may  furnish  to  any  such  company  or  platoon  equipment 
or  supplies  from  any  surplus  funds  at  the  disposal  of  his  ofl&ce. 


CHAPTER  6. 

TEACHEES. 

Art.   1.     Qualifications  and  compensation.      (Pages  66-68.) 

Art,   2.      Institutes.       (Pages    68  69.) 

Art.   3.      Student  Teachers.      (Pages  69-71.) 

QUALIFICATIONS   AND  COMPENSATION. 
(ARTICLE  1.) 

(  1  )  Legal  qualifications. 

(  2  )  History  and  civic  qualifications. 

(  3  )  Alcoholic   drinks   and   narcotics. 

(  4  )  Certain  rural  schools  Spanish  required. 

(  5  )  Tuberculosis. 

(  6  )  Health  certificates,   tuberculosis. 

(  7  )  Health  certificates,  fee. 

(  8  )  Tuberculosis,  finding  of,  appeal. 

(  9  )  Tuberculosis,    finding,    penalty,    appeal. 

(10)  Tuberculosis,    complaint   against  teacher,    procedure. 

(11)  Compensation,  third  and  second  grades,  permits;   closed  school. 

(12)  Compensation,  payment  monthly. 

(13)  Compensation  withheld  when. 

(14)  Duties. 

(1)  §4815.    Legal  Qualifications. 

A  legally  qualified  teacher  to  teach  in  any  school  district,  incorporated  town,  city, 
village,  or  independent  district,  shall  be  one  who  has  been  certificated  as  prescribed  in 
Section  4813,  and  who  possesses  a  certificate  of  attendance  upon  some  county  teachers' 
institute,  or  summer  school,  approved  by  the  superintendent  of  public  instruction,  held 
within  twelve  months,  or  has  an  approved  excuse  for  non-attendance;  or  one  who  holds  a 
legal  permit  to  teach  in  this  State.  Any  county  superintendent,  member  of  a  board  of 
school  directors,  member  of  a  board  of  education,  county  treasurer,  or  other  person,  who 
shall  directly  or  indirectly  cause  the  public  school  funds  to  be  paid  for  teachers'  services 
to  any  other  person  than  a  legally  qualified  teacher  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  the  sum  of  not  less  than  one  hundred  ($100)  dol- 
lars nor  more  than  five  hundred  ($500)  dollars  for  each  and  every  offense,  and  may  be 
removed  from  oflfice  in  the  manner  provided  by  law. 

(L.   1907,  C.  97,   §8.) 

(2)  §  4957.     Qualifications,  history  and  civics. 

No  teacher  of  the  first  and  second  grades  shall  be  granted  a  certificate  to  teach,  by  the 
Board  of  Education  of  the  State  of  New  Mexico,  unless  said  teacher  shall  have  passed  a 
satisfactory  examination  in  the  History  and  Civics  of  the  United  States,  as  well  as  in  the 
History  and  Civics  of  the  State  of  New  Mexico. 

(L.   1912,   C.   41,    §1.) 

(3)  Alcoholic  drinks  and  narcotics. 

(See  rural  schools.      (Page  63.) 

(4)  Spanish  language  required  when. 

Sec.  1.  No  teacher  in  a  rural  school  district  inhabited  principally  by  Spanish-speaking 
people  shall  teach  or  be  employed  to  teach  therein  unless  he  or  she  shall  be  proficient  in  the 
reading,  writing  and  speaking  of  the  English  and  Spanish  languages;  provided,  however, 
that  this  prohibition  shall  not  apply  whenever  teachers  with  such  qualifications  and  with  the 
other  necessary  requisites  prescribed  by  law  cannot  be  obtained. . 

Sec.  3.     Chapter  14  of  the  Laws  of  1917  is  hereby  repealed. 
(L.   1919,   effective  June   13,    1919.) 

(5)  §  4948.     Teachers  having  tuberculosis,  employment  prohibited. 

No  person  shall  be  employed  as  a  school  teacher,  instructor  or  professor  in  any  public 
school  or  other  educational  institution,  in  the  State  of  New  Mexico,  supported  in  whole  or 
in  part  by  revenues  derived  from  taxes  paid  into  the  public  treasury  by  the  taxpayers  of 
this  State,  who  shall  be  afflicted  with  the  diseased  called  tuberculosis,  commonly  known  as 
consumption,  in  a  transmissible  form. 
(L.    1901,    C.   43,    51.) 

(6)  §4949.     Teachers,  health  certificate  required. 

Before  any  person  shall  be  employed  as  a  school  teacher,  instructor  or  professor  in  any 
public  school  or  other  educational  institution  in  this  State,  he  shall  file  with  the  governing 


TEACHERS  67 

authorities  of  the  school  district,  board  of  education,  board  of  regents  or  other  governing 
educational  body  of  any  university  or  college,  a  certificate  from  any  reputable  physician, 
who  is  a  resident  of  New  Mexico  and  haa  a  license  to  practice  medicine  in  New  Mexico, 
and  who  is  not  himself  afflicted  with  the  disease,  that  the  said  person  is  not  at  the  time  of 
the  examination  to  be  made  by  said  physician,  afflicted  with  tha  said  disease  called  tuber- 
culosis, commonly  known  as  consumption  as  hereinbefore  defined. 

(Act  of  Mar.  18,  1901;  L.  1901,  C.  43,  §2,  as  amended  by  L.  1903,  C.  92,   §1.) 

(7)  §  4950.     Health  cretificate,  fee. 

For  the  making  of  the  said  examination  and  for  the  making  of  the  certificate  provided 
for,  the  physician  making  the  same  shall  charge  a  fee  of  two  dollars  and  no  more. 

(L.   1901,   C.   43,    §4.) 

(8)  §4951.     Teachers  having  tuberculosis,  finding  of  physician,  appeal. 

Whenever  such  physician  shall  find  the  applicant  to  be  afflicted  with  tuberculosis,  or 
what  is  commonly  known  as  consumption,  it  shall  be  his  duty  to  at  once  notify  the  super- 
intendent of  public  instruction  of  New  Mexico,  giving  the  name,  age  and  sex  of  the  appli- 
cant, together  with  the  date  of  examination  and  a  general  statement  of  the  case.  Where- 
upon it  shall  be  the  duty  of  said  superintendent  to  at  once  notify  the  school  superinendents 
of  each  county  in  New  Mexico  of  the  information  he  has  received.  And  in  case  any  appli- 
cant so  examined  shall  feel  aggrieved  he  may  take  appeal  to  the  New  Mexico  Board  of 
Health  and  present  himself  for  examination,  and  it  shall  be  the  duty  of  said  board  of  health 
to  thoroughly  examine  such  person,  and  the  result  and  decision  of  said  board  shall  be  final, 
and  such  decision  shall  be  certified  by  it  to  the  superintendent  of  public  instruction  of 
New  Mexico,  who  shall  thereupon  notify  the  different  school  superintendents  of  each  county. 

(L.   1903   C.   92,   §1.) 

(9)  §  4952.     Teachers  having  tuberculosis,  finding  of  physician,  second  examination  pro- 

hibited, appeal. 
No  person  who  has  been  examined  by  a  physician  as  above  provided,  and  has  been 
rejected  by  such  physician,  shall  apply  to  any  other 'physician  for  examination  or  certifi- 
cate, but  he  shall  have  right  of  appeal  to  the  Board  of  Health  of  New  Mexico.  And  if  any 
person  shall  apply  to  any  other  physician  in  violation  of  this  section,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  in  any  sum  not  to  exceed  one 
hundred  dollars  ($100.00)  and  shall  not  be  eligible  as  a  school  teacher  in  any  county  of  New 
Mexico. 

(L.   1903,   C.  92,    §2.) 

(10)  §  4953.     Teachers,  complaint  against  for  health  reasons. 

If  at  any  time  there  shall  be  lodged  with  the  governing  authorities  of  any  school  dis- 
trict, board  of  education,  board  of  regents  or  other  governing  educational  body,  a  complaint 
signed  by  any  taxpayer  of  this  State,  setting  forth  that  in  his  opinion  any  school  teacher, 
instructor  or  professor  is  afflicted  with  the  disease  known  as  tuberculosis,  commonly  called 
consumption,  as  hereinbefore  defined,  such  governing  authorities,  board  of  education,  board 
of  regents  or  other  educational  body  shall  forthwith  require  such  person  so  claimed  to  be 
afflicted  with  tuberculosis,  to  submit  to  an  examination  by  any  reputable  physician,  who 
is  a  resident  of  New  Mexico  and  has  a  license  to  practice  medicine  in  New  Mexico,  and 
who  is  not  himself  afflicted  with  the  disease,  and  unless  such  person  shall  within  ten  days 
thereafter  file  with  the  school  authorities  a  certificate  of  such  physician  that  he  is  not  af- 
flicted with  the  disease  commonly  known  as  tuberculosis  or  consumption,  such  person  shall 
be  forthwith  discharged  from  employment  as  such  teacher,  instructor  or  professor,  and  no 
warrant  or  order  for  any  salary  or  wages  to  any  such  person  shall  be  paid  by  any  school 
or  other  treasurer  until  such  certificate  shall  have  been  obtained  and  filed  as  provided  for 
in  this  section. 

(Act  of  Mar.  18,  1901;  L.  1901,  C.  43,   §5,  as  amended  by  L.  1903,  C.  92,   §1.) 

(This   section   does   not  prevent   the   dismissal    of   a    school    teacher    for   reasons    other    than   those 

stated.) 

(State  V.  Board  of  Education,   18  N.  M.   183,   135  Pac.  96.) 

(11)  §4954.     Compensation,  second  and  third  grades,  permits,  closed  school. 

The  maximum  salary  that  shall  be  paid  to  any  teacher  employed  to  teach  in  the  public 
schools  in  this  State  holding  a  certificate  not  higher  than  a  third  grade  shall  be  fifty 
($50.00)  per  month;  the  maximum  salary  that  shall  be  paid  to  a  holder  of  a  certificate  not 
higher  than  a  second  grade  shall  be  seventy-five  ($75.00)  dollars  per  month.  Provided, 
that  permits  shall  in  no  case  be  classed  as  higher  than  a  third  grade  certificate,  but  if  a 
holder  of  a  permit  shall  secure  a  regular  teachers'  certificate  during  the  term  for  which  he 
is  engaged,  the  salary  for  the  entire  term  may  be  fixed  in  accordance  with  the  grade  of  said 
certificate.  Provided,  further,  that  a  teacher  employed  in  any  of  the  public  schools  of  this 
State  shall  be  entitled  to  full  pay  for  a  period  not  to  exceed  one  month  during  which  the 


68  TEACHERS 

school  may  be  closed  by  the  board  of  school  directors,  board  of  education,  or  board  of 
health,  on  account  of  loss  by  fire,  danger  from  contagious  disease,  or  other  similar  cause. 
These  provisions  shall  apply  to  the  public  schools  in  cities,  towns  and  villages  as  well  as  in 
rural  districts.  Any  school  director,  member  of  board  of  education,  or  other  person  violat- 
ing the  terms  of  this  section  shall,  upon  conviction  in  a  court  of  competent  jurisdiction,  be 
fined  in  the  sum  not  less  than  ten  ($10.00)  dollars  nor  more  than  one  hundred  ($100.00) 
dollars,  or  imprisoned  for  a  term  not  less  than  ten  days  nor  more  than  ninety  days,  and  may 
be  removed  from  oiRce  by  proper  procedure. 

(Act  of  Mar.  21,  1907;  L.  1907,  C.  97,  §26,  as  amended  by  L.  1909,  C.  121,   §10.) 

(For  act  pretending  to  increase  compensation  of  teachers  in  ungraded  rural   schools,   see  p.    55.) 

(12)  §  4955.     Teachers,  payment  montlily. 

All  public  school  teachers  engaged  in  teaching  within  incorporated  cities,  towns  and 
villages,  as  well  as  in  any  other  public  schools  in  the  State  of  New  Mexico,  shall  be  paid 
monthly,  unless  there  are  no  funds  available,  in  which  event  they  shall  be  paid  so  soon  as 
the  funds  are  available  therefor. 
(L.   1901,  C.  57,   §1.) 

(13)  §  4956.    Teachers,  records  and  reports,  failure,  salary  warrants. 

Every  person  employed  to  teach  a  school  shall  keep  a  proper  record,  and  at  the  end 
of  each  term 'make  a  report  to  the  county  superintendent,  showing  the  whole  number  of 
pupils  that  have  attended  the  school  during  such  term,  giving  the  names,  age  and  sex,  the 
average  daily  attendance,  the  branches  taught,  and  such  other  facts  as  may  be  deemed 
important  as  showing  the  character  of  the  school  and  the  proficiency  of  the  pupils;  and  foi 
failure  to  make  such  report,  he  may  be  fined  in  the  sum  of  not  more  than  fifty  dollars,  upon 
conviction  before  any  justice  of  the  peace.  No  person  shall  be  paid  any  money  for  teach- 
ing any  school  outside  of  incorporated  cities,  towns  and  villages,  until  an  order  is  pre- 
sented, signed  by  two  of  the  school  directors  of  the  proper  district  and  indorsed  by  the 
county  superintendent. 

(C.   L.   1897,    §1536.) 

(14)  §  4958.     Duties,  history  and  civics. 

It  shall  be  the  duty  of  the  teachers  in  the  public  schools  in  the  State  to  give  such  in- 
struction as  is  practicable  in  the  History  and  Civics  of  the  United  States  with  special  ref- 
erence to  the  History  and  Civics  of  the  State  of  New  Mexico,  which  said  instruction  may 
be  given  orally  or  by  study  of  text  books  covering  the  subject  and  which  said  text  books 
shall  have  been  adopted  by  the  State  Board  of  Educaion. 
(L.  1912,  c.  41,  §2.) 

INSTITUTES. 
(ARTICLE  2.) 

(1)     §  4813.    Holding  of,  term,  etc. 

The  county  superintendents  of  public  schools  shall  hold  annually  in  their  respective 
counties,  for  a  term  of  not  less  than  two  weeks,  a  teachers'  institute  for' the  instruction  of 
teachers  and  those  desiring  to  teach.  The  county  superintendents  of  the  public  schools, 
with  the  advice  and  consent  of  the  superintendent  of  public  instruction,  shall  determine  the 
time  and  place  of  holding  such  institutes,  and  shall  select  conductors  and  instructors  for  the 
same  and  provide  for  the  compensation  thereof.  No  person  shall  be  selected  or  shall  serve  as 
conductor  or  instructor  who  does  not  hold  a  certificate  from  the  State  Board  of  Education 
authorizing  him  or  her  to  do  so.  It  shall  be  compulsory  upon  all  persons  who  expect  to 
teach  in  any  school  district,  independent  district  or  incorporated  town,  city  or  village,  to 
attend  at  least  two  weeks  of  the  county  institute  or  to  show  a  certificate  of  attendance  upon 
some  county  institute  or  summer  school  approved  by  the  Superintendent  of  Public  Instruc- 
tion held  within  the  year.  Teachers  who  hold  a  third  grade  county  certificate  or  a  permit 
to  teach,  and  who  have  taught  at  least  three  months  of  school  during  the  twelve  months 
previous  to  the  time  of  holding  any  county  institute,  may,  upon  attendance  upon  a  county 
institute  for  a  full  term  of  four  weeks  receive  the  sum  of  fifteen  dollars  ($15)  from  the 
Treasurer  of  the  State,  upon  the  order  of  the  State  Auditor,  of  the  funds  arising  from  the 
rental  or  sale  of  the  common  school  lands  of  the  State^  upon  presenting  to  the  State  Auditor 
a  certificate  from  the  county  school  superintendent  of  the  county  in  which  the  institute  is 
held,  and  signed  by  the  institute  conductor  and  the  State  Superintendent  of  Public  Instruc- 
tion, certifying  that  said  teacher  has  complied  with  the  provisons  of  this  section;  and  such 
teachers  are  also  exempt  from  the  institute  fees  otherwise  required.  The  State  Board  of 
Education  is  hereby  forbidden  to  issue  a  certificate  to  any  person  who  refuses  to  comply 
with  said  provisions;  provided,  any  person,  or  persons,  who  fail  to  so  attend  by  reason  of 
sickness  or  good  and  sufficient  excuse  rendered  to  the  county  superintendent  and  approved 
by  him  and  by  the  Superintendent  of  Public  Instruction  may  be  excused  from  such  attend- 
ance.    Provided,  further,  the  State  Board  of  Education  is  hereby  empowered   to   excuse 


TEACHERS  69 

such  persons  from  attending  the  county  teachers'  institute  as  in  its  judgment  it  deems  emi- 
nently qualified  to  teach  by  reason  of  their  professional  scholarship  and  training,  and  that 
nothing  herein  contained  shall  make  it  compulsory  for  cities  which  engage  a  city  superin- 
tendent of  schools  who  gives  at  least  half  of  his  time  to  direct  supervision  to  hold  such 
institutes. 

The  State  Board  of  Education  is  hereby  empowered  to  issue  a  course  of  study  for 
teachers'  institutes.  Authority  is  hereby  conferred  upon  the  Superintendent  of  Public 
Instruction  to  authorize  the  county  superintendent  in  any  county  wherein  the  conditions 
are  such  as  to  make  it  expedient  to  do  so,  to  hold  joint  county  teachers'  institutes  at  such 
place  as  may  be  most  convenient  to  all  parties  concerned,  and  when  such  power  is  delegated 
to  a  county  superintendent,  the  expense  of  any  such  institute  shall  be  divided  equitably 
by  the  county  superintendents,  subject  to  the  approval  of  the  Superintendent  of  Public 
Instruction,   among  the  counties  participating  therein. 

For  the  purpose  of  meeting  the  expenses  of  the  county  teachers'  institutes,  county 
treasurers  of  class  ''A"  shall  set  apart  annually  from  the  general  school  funds  of  their 
respective  counties  not  less  than  one  hundred  ($100.00)  dollars;  in  counties  of  class  ''B" 
not  less  than  seventy-five  ($75.00)  dollars  for  such  purpose;  in  counties  of  classes  "C," 
"D"  and  "E"  not  less  than  fifty  ($50.00)  dollars  for  such  purpose.  Provided,  that  in 
counties  where  an  institute  is  held  for  a  full  term  of  four  weeks  the  county  treasurer  shall 
set  aside  at  least  fifty  dollars  ($50.00)  more  than  that  already  provided  for  institute  pur- 
poses. But  the  legitimate  expenses  incidental  to  conducting  examinations  ordered  by  the 
State  Board  of  Education  shall  be  considered  as  expenses  incurred  in  connection  with  the 
teachers'  institute.  Provided,  that  the  State  Board  of  Education  shall  have  the  power 
to  waive  the  holding  of  any  county  normal  institute  in  counties  where  authorized  summer 
schools  are  held  and  in  counties  adjacent  thereto.  At  each  session  of  the  teachers'  insti- 
tute the  county  superintendent,  upon  the  advice  and  consent  of  the  Superintendent  of  Pub- 
lic Instruction,  shaU  collect  from  each  person  in  attendance  a  fee  of  not  less  than  one 
($1.00)  dollar  and  not  more  than  three  ($3.00)  dollars.  The  money  thus  collected  and  set 
apart  shall  be  known  as  the  "County  Teachers'  Institute  Fund,"  and  the  county  treasurer 
shall  be  its  custodian,  but  he  shall  not  receive  any  of  it  for  his  services  in  receiving  or  as 
such  custodian.  All  disbursements  of  the  Teachers'  Institute  Fund  shall  be  upon  the  order 
of  the  county  superintendent,  countersigned  by  the  superintendnt  of  public  instruction,  and 
no  order  shall  be  drawn  on  said  fund,  except  for  services  rendered  and  expenses  actually 
incurred  in  connection  with  the  teachers'  institute. 

(Act  of  Mar.  21,  1907;  L.  1907,  C.  97,  §6,  as  amended  by  L.  1909,  C.  121,   §5.) 

STUDENT   TEACHERS. 
(ARTICLE  3.) 

(  1  )  Appointment,   qualifications. 

(  2  )  Nominations,   vacancy  appointment,   assigning  teachers. 

(  3  )  Courses,   terms. 

(  4  )  Repeal. 

(  5  )  Appropriations,   books,  board,    supplies,   allowances. 

(  6  )  Appropriations,  8th  and  9th  fiscal  years,  student  allowances. 

(  7  )  Appropriations,  transportation  charges  8th  year. 

(  8  )  Appropriations,   transportation,   9th  fiscal  year. 

(  9  )  Transportation   charges,    teachers   entitled. 

(10)  Levy,  funds. 

(11)  Funds,  payment  of. 

(12)  Vacancy    appointments;    change    institutions. 

(1)  Appointments,  qualifications. 

Sec.  1.  There  shall  be  appointed  annually,  on  or  before  July  1st,  by  the  Superintendent 
of  Public  Instruction,  two  resident  persons  of  the  State  from  each  county  between  the  ages 
of  eighteen  and  twenty-five  years  as  student  teachers  who  shall  possess  a  diploma  from  the 
eighth  grade  of  a  public  school  of  the  State,  and  be  entitled  to  special  training  in  the 
schools  mentioned  herein. 
(S.  B.  98,  L.   1919.) 

(2)  Nominations,  assigning  teachers. 

Sec.  2.  Annually,  on  or  before  July  1st,  each  county  school  superintendent  shall  nomi- 
nate and  certify  to  the  Superintendent  of  Public  Instruction  two  persons  of  his  county  pos- 
sessing the  foregoing  qualifications,  as  student  teachers,  who  shall  be  appointed  as  student 
teachers  by  the  Superintendent  of  Public  Instruction  and  assigned  to  either  Normal  School 
or  the  Normal  University  as  in  the  judgment  of  the  Superintendent  of  Public  Instruction 
shall  best  subserve  the  interest  of  the  State  and  persons  so  appointed.  Where  nominations 
are  not  made  as  heretofore  provided,  the  Superintendent  of  Public  Instruction  shall  ap- 
point as  student  teachers  from  the  state  at  large  persons  possessing  said  qualifications  suf- 
ficient in  number  to  equal  with  those  appointed  under  nominations  regularly  made  by  county 
school  superintendents  a  total  qf  fifty-eight  students  for  the  scholastic  year,  the  teachers  so 
appointed  at  large  to  be  assigned  to  either  of  said  schools  as  in  the  judgment  of  the  Super- 
intendent of  Public  Instruction  shall  seem  best. 
(S.  B.   98,   L.   1919.) 


70  TEACHERS 

(3)  Courses  and  Terms. 

Sec.  3.  The  schools  wherein  such  student  teachers  are  in  attendance  shall  outline  spe- 
cial courses  of  instruction  for  student  teachers  for  the  purposes  of  better  fitting  them  as 
teachers  in  the  rural  schools  of  the  State,  the  said  courses  to  be  completed  in  no  less  than 
ten  nor  more  than  twelve  months.  Student  teachers  successfully  completing  said  courses 
shall  receive  from  the  State  Board  of  Education  a  second  grade  teacher's  certificate,  w^hich 
shall  continue  effective  for  two  years  from  date  of  issue. 

(S.  B.   98,   L.   1919.) 

(4)  BepeaL 

Sec.  4.  That  Sections  one,  two  and  three,  Chapter  eighty-nine.  Laws  of  1915,  be  and 
the  same  are  hereby  repealed. 

(S.  B.  98,   L.   1919.) 

(5)  Appropriation — ^Board,  books,  supplies,  etc. — Allowance. 

Sec.  4.  The  sum  of  fifteen  thousand  ($15,000.00)  dollars,  or  so  much  thereof  as  may 
be  needed,  is  hereby  appropriated  to  pay  the  expenses  of  such  student-teachers  in  the  re- 
spective institutions  to  which  they  may  be  appointed  under  the  provisions  of  this  act  for 
and  during  the  term  of  their  appointment  or  attendance  at  such  institutions. 

Three  hundred  dollars  ($300.00)  shall  be  allowed  each  institution  which  such  student- 
teachers  attend,  for  each  such  student-teacher  appointed  as  set  forth  in  this  Act,  to  pay 
actual  and  necessary  expenses  for  board,  books  and  school  supplies,  lodging,  matriculation 
and  tuition,  while  in  attendance  at  such  institution.  The  treasurer  thereof  shall  forward 
to  the  Auditor  of  the  State  the  certificates  of  appointment  of  such  student-teachers  which 
certificates  shall  be  vouchers  for  the  payment  of  the  above  amount  for  each  of  such  student- 
teachers  in  attendance,  and  the  auditor  shall  draw  his  warrant  for  such  amount  on  the 
Treasurer  of  the  State  in  favor  of  the  treasurer  of  any  such  institution  entitled  to  receive 
such  amount  under  the  provisions  of  this  act.  All  such  warrants  so  issued  shall  be  paid  out 
of  the  State  School  Building  Fund.  The  treasurer  of  any  such  institution  shall  pay  out  such 
money  upon  requisition  of  the  president  of  such  institution  and  each  of  such  requisitions  of 
the  president  shall  be  accompanied  by  receipted  bills  showing  such  actual  and  necessary 
expenditures.  All  such  requisitions  together  with  such  receipted  bills  shall  be  filed  and 
preserved  in  the  records  of  the  office  of  any  such  treasurer.  Provided,  that  the  amount 
allowed  to  each  student-teacher  for  the  expenses  for  board  and  lodging  shall  not  be  less 
than  twenty  dollars  ($20.00)  per  month  and  that  any  balance  in  the  amount  allowed  each 
institution  after  all  actual  and  necessary  expenses  for  board,  lodging,  matriculation,  books 
and  school  supplies  for  such  students  have  been  paid,  shall  become  a  part  of  the  mainten- 
ance fund  of  such  institution. 

(Sec.  4,  C.  89,  L.  1915.) 

(6)  Appropriation,  eighth  and  ninth  fiscal  years,  allowance  each  student. 

(10)  For  training  of  student  teachers  as  provided  in  Senate  Bill  No.  98,  Fourth  State 
Legislature  of  New  Mexico,  $17,400.00. 

Provided,  that  $300  shall  be  allowed  to  each  institution  which  such  student  teachers 
attend,  for  each  such  student  teacher  appointed  as  set  forth  in  said  Senate  Bill  No.  98, 
passed  by  the  Fourth  State  Legislature,  to  pay  actual  and  necessary  expenses,  for  board, 
books,  and  school  supplies,  lodging,  matriculation  and  tuition  while  in  attendance  at  such 
institution.  The  Treasurer  thereof  shall  forward  to  the  Auditor  of  the  State  the  certificates 
of  appointment  of  such  student  teachers,  which  certificates  shall  be  vouchers  for  the  pay- 
ment of  the  above  amount  for  each  of  such  student  teachers  in  attendance,  and  the  Auditor 
shall  draw  his  warrants  for  such  amount  on  the  Treasurer  of  the  State  in  favor  of  the  treas- 
urer of  said  institution.  The  treasurer  of  any  such  Institution  shall  pay  out  such  moneys 
upon  requisition  of  the  president  of  the  said  institution  and  each  of  such  requisitions  of 
the  president  shall  be  accompanied  by  receipted  bill  showing  such  actual  and  necessary  ex- 
penditure, which  requisition,  together  with  such  receipted  bill,  shall  be  filed  and  preserved 
in  the  records  of  the  office  of  the  treasurer  of  such  institution. 

(S  B.  75,  Laws  of  1919.) 

(7)  Appropriation,  transportation  charges,  eighth  fiscal  year. 

Sec.  1.  For  the  eighth  fiscal  year  of  the  State  of  New  Mexico  there  is  appropriated 
for  the  State  institutions  hereinafter  named,  to  pay  transportation  charges  in  excess  of 
three  dollars  ($3.00)  for  fare  both  going  to  and  returning  from  said  institutions  of  all 
persons  who  enroll  therein  with  a  view  of  preparing  to  teach  in  the  schools  of  New  Mexico, 
the  following  amounts,  to  wit: 

New  Mexico  Normal  University $6,000.00 

New  Mexico  Normal  School $6,000.00 

(S.   B.  25,  L.    1919.) 


TEACHERS  71 

(8)  Appropriation,  transportation,  ninth  fiscal  year. 

Sec.  2.  For  the  ninth  fiscal  year  of  said  state  there  is  appropriated  for  the  educational 
institutions  mentioned  in  the  preceding  section,  to  pay  transportation  charges  as  therein 
provided,  the  same  amount  for  each  thereof  as  is  appropriated  for  the  eighth  fiscal  year. 

(S.   B.   25,   L.    1919.) 

(9)  Qualifications  for  teachers,  trajisportation  charges. 

Sec.  3.  Students  in  the  educational  institutions  above  named,  whose  transportation 
charges  may  be  paid  by  such  institutions,  shall  be  bona  fide  residents  of  New  Mexico  at 
the  time  of  entering  such  institutions,  shall  have  attended  continuously  for  not  less  than 
eight  weeks,  and  shall  file  with  the  president  of  the  institution  a  declaration  of  their  inten- 
tion to  teach  in  the  schools  of  New  Mexico.  The  transportation  charges  which  may  be  paid 
under  the  provisions  of  this  act  shall  be  paid  but  once  during  each  scholastic  year  and  then 
over  the  shortest  practical  route  of  travel. 

(S.   B.   25,   L.    1919.) 

(10)  Levy,  funds. 

Sec.  4.  For  the  eighth  and  ninth  fiscal  years  the  State  Auditor  is  directed  to  make  a 
sufficient  levy  on  all  property  subject  to  taxation  in  this  State  to  realize  the  amounts  here- 
inabove appropriated,  and  to  direct  the  several  collectors  of  taxes  to  collect  the  same  at 
the  same  time  and  in  the  same  manner  as  other  taxes  are  collected  and  paid,  when  the  same 
shall  be  paid  over  to  the  State  Treasurer  who  shall  deposit  it  in  a  separate  account  to  be 
kept  by  him  and  to  be  known  as  the  ''Normal  Schools  Transportation  Charge  Fund,''  and 
the  State  Auditor  shall  draw  his  warrants  on  such  fund,  when  available,  in  favor  of  each 
of  said  institutions  hereinabove  named,  and  take  receipts  therefor  from  the  treasurers 
thereof,  and  the  State  Treasurer  shall  pay  the  said  warrants  on  presentation  thereof  to 
him. 

(S.   B.  25,   L.    1919.) 

(11)  Payment  of  funds. 

Sec.  5.  The  board  of  regents  of  the  New  Mexico  Normal  University  and  the  board  of 
regents  of  the  New  Mexico  Normal  School  are  hereby  authorized  to  pay  out  the  appropria- 
tions herein  made,  provided,  that  all  claims  under  this  act  shall  be  itemized  and  sworn  to, 
and  shall  in  no  case  exceed  four  cents  a  mile  for  total  distance  actually  traveled. 

(S.   B.   25,   L.    1919.) 

(12)     Vacancy  appointments — Change  institutions. 

Sec.  5.     In  the  event  that  any  such  student-teacher,  for  any  reason,  fails  to  complete  , 
the  course,  another  student-teacher  may  be  appointed  for  the  remainder  of  the  term  in  his 
place,  and  no  student-teacher  shall  be  allowed  to  change  from  one  such  institution  to  an- 
other during  the  term  of  his  appointment. 
(C.  89,  L.   1915.) 


CHAPTER  7. 

SCHOOL  ATTENDANCE. 

Art.   1.     Right  of.      (Page  72.) 

Art.   2.      Compulsory.      (Pages  72-75.) 

OF   RIGHT. 

(ARTICLE  1.) 

(  1  )      Right  to  attend  school,   constitutional  provision. 
(  2  )      Right  to  attend  school,  violations,  penalty. 
(  3  )      Tuition. 

(1)  Right,  constitutional  provision. 

Sec.  1.  A  uniform  system  of  free  public  schools  sufficient  for  the  education  of,  and 
open  to,  all  children  of  school  age  in  the  State,  shall  be  established  and  maintained. 

(Sec.  1,  Art.  12,   State  Constitution.) 

(2)  §  4847.    Bight  to  attend  school,  violations,  penalty. 

Sec.  41.  Pupils  who  are  actual  residents  of  a  district  shall  be  permitted  to  attend 
school  in  the  same, 'regardless  of  the  time  when  they  acquire  such  residence,  whether  before 
or  after  the  enumeration. 

Any  teacher,  school  directors  or  members  of  anj  board  of  education  connected  with 
the  common  schools  in  this  State  who  shall  refuse  to  receive  any  pupil  at  school  on  account 
of  race  or  nationality,  the  said  pupil  being  entitled  to  attend  school  in  said  district  as 
hereinbefore  provided,  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  before  any 
justice  of  the  peace  or  district  court,  shall  bo  fined  in  a  sum  of  not  less  than  fifty  dollars 
nor  more  than  one  hundred,  and  imprisoned  in  the  county  jail  for  three  months,  and  shall 
be  forever  barred  from  teaching  school  or  to  hold  any  office  of  honor  or  profit  in  this  State. 

(C.  L.  1897,  §1556,  as  amended  by  C.  78,  Sec.  1,  L.  1901.) 

(Co.  Supt.  for  violation  will  be  summarily  removed  from  office.)    (Sec.  4848,   Code   1915.) 

(3)  §4849.     Tuition. 

A  board  of  school  directors  or  board  of  education  may  admit  non-resident  pupils  to 
the  school  or  schools  under  its  charge,  provided  school  accommodations  are  sufficient  to 
justify  the  same,  and  may  determine  the  rate  of  tuition  for  such  pupils  and  collect  the 
same,  which  tuition  shall  not  be  greater  than  twenty  (20%)  per  cent,  more  than  the  aver- 
age cost  per  capita  for  education  based  on  the  average  number  of  pupils  belonging  to  the 
school  throughout  the  previous  school  term.  When  non-resident  pupils,  their  parents  or 
guardians,  pay  a  school  tax  in  any  district,  such  pupils  shall  be  admitted  to  the  school  of 
such  district,  and  the  amount  of  such  school  tax  shall  be  credited  on  their  tuition  in  a  sum 
not  to  exceed  the  amount  of  such  tuition,  and  they  shall  be  required  to  pay  tuition  only 
for  the  difference  therein. 

COMPULSORY  SCHOOL  ATTENDANCE. 
(ARTICLE  2.) 

(  1  )  Persons   subject  to. 

(  2  )  Employed,    excused,    certificate. 

(  8  )  Part  time  schools,   establishment,  hours. 

(  4  )  Part  time  schools,  employment  and  attendance. 

(  5  )  Rules  and  regulations  part  time  schools. 

(  6  )  Part  time  schools,   exemption. 

(  7  )  Parents'   responsibility,   penalty,  mandamus. 

(  8  )  Employment,  limitations,  penalty. 

(  9  )  Enforcement   authorities. 

(10)  Repeal. 

(11)  Reports   on    school    attendance. 

BLIND  CHILDREN. 

(12)  Blind  children,   school   attendance. 

(13)  Blind,    transportation   charges. 

(14)  Blind,  county  superintendent  reports, 

(15)  Blind,   penalty. 

DEAF  AND  DUMB. 

(16)  Deaf  and  dumb,  school  attendance  generally. 

(1)     Persons  subject. 

Sec.  1.  Children  between  the  ages  of  six  and  sixteen  years  of  age  shall  attend  public 
schools  of  the  State  for  as  many  weeks  as  the  public  schools  in  the  district  in  which  such 
children  reside  shall  be  in  sessfon,  except  that  children  actually  attending  private  or  denom- 
inational schools  maintaining  courses  of  instruction  approved  by  the  State  Board  of  Edu- 
cation, those  physically  or  mentally  unfit  or  incompetent  and  those  residing  more  than 


SCHOOL.  ATTENDANCE  73 

three  miles  from  public  school  houses  and  to  whom  no  free  public  means  of  conveyance  to 
and  from  school  are  furnished  shall  be  exempt  from  the  provisions  of  this  act. 

(S.  B.   102,  L.   1919.) 

(2)  Employed,  excused,  certificate. 

Sec.  2.  Children  subject  to  the  provisions  of  this  act,  between  the  ages  of  fourteen 
and  sixteen  years,  may  be  excused  by  issuance  of  certificate  of  employment,  from  full-time 
public  school  attendance,  by  the  city  or  county  school  superintendents  within  whose  juris- 
diction such  children  reside  or  are  employed,  upon  assurance  that  said  children  are  then  or 
in  the  immediate  future  shall  be  definitely  employed  in  some  gainful  trade  or  occupation. 
The  certificate  of  employment  shall  contain  the  name,  age  and  residence  of  the  child  ex- 
cused, by  whom  employed  or  to  be  employed,  the  last  grade  attended  by  the  child  and  a 
recitation  that  the  child  is  excused  from  full-time  public  school  attendance  until  the  cer- 
tificate shall  be  revoked. 

(S,  B.  102,  L.  1919.) 

(3)  Part-time  schools,  establishment,  hours. 

Sec.  3.  Whenever  in  any  school  district  there  shall  have  been  issued  fifteen  such  em- 
ployment certificates  there  shall  be  established  a  part-time  school  or  class  giving  instruction 
for  not  less  than  one  hundred  fifty  hours  per  year  and  for  not  less  than  five  hours  per  week 
between  the  hours  of  8  a.  m.  and  6  p.  m. 

(S.   B.    102,    L.    1919.) 

(4)  Part-time  schools,  employment,  attendance. 

Sec.  4.  Whenever  the  number  of  hours  for  which  a  child  over  fourteen  years  and  less 
than  sixteen  years  of  age  may  be  employed  shall  be  fixed  by  Federal  or  State  law  the 
hours  of  attendance  upon  a  part-time  school  or  class  shall  be  counted  as  a  part  of  the  num- 
ber of  hours  so  fixed  by  Federal  or  State  laws,  but  nothing  contained  herein  shall  affect  the 
right  of  the  employer  to  reduce  the  compensation  of  the  child. 

(S.   B.   102,   L.    1919.) 

(5)  Rules  and  regulations,  part-time  schools. 

Sec.  5.  The  State  Board  of  Education  shall  adopt  rules  and  regulations  concerning  the 
establishment  of  part-time  schools  and  classes. 

(S.   B.    102,   L.    1919.) 

(6)  Part-time  schools,  exemption. 

Sec.  6.     Whenever  any  school  district  shall  deem  it  inexpedient  to  establish  part-time 
schools  or  classes  it  shall  present  to  the  State  Superintendent  of  Public  Instruction  the 
reasons  for  such  inexpediency,  and  the  State  Superintendent  may  excuse  the  district  from 
the  establishment  of  such  part-time  schools  or  classes  if  he  deems  such  reasons  sufficient. 
(S.   B.    102,   L.    1919.) 

(7)  Parents,  etc.,  responsibility,  violation,  crime,  mandamus. 

Sec.  7.  Parents,  guardians  and  persons  having  control  of  children  subject  to  provisions 
of  this  act  are  hereby  made  responsible  for  the  public  school  attendance  of  such  children 
and  any  parent,  guardian  or  person  aforesaid  who  shall  violate  any  of  the  provisions  of 
this  act,  after  any  school  authority  shall  have  given  public  notice  of  the  substance  of  the 
provisions  of  this  act,  upon  conviction,  shall  be  fined  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars  or  imprisoned  in  the  county  jail  for  not  less  than  five  nor  more 
than  ninety  days,  and  in  addition  to  penalty  aforesaid,  any  parent,  guardian  or  person  hav- 
ing control  of  children  subject  to  the  provisions  of  this  act  who  shall  violate  the  provisions 
hereof  shall  be  subject  to  the  writ  of  mandamus  at  the  instance  and  in  the  name  of  county 
or  municipal  boards  of  education  or  county  or  city  superintendents  of  schools  without  con- 
sent of  the  attorney  general. 

(S.   B.   102,   L.   1919.) 

(8)  Employment,  liability,  limitations. 

Sec.  8.  Any  person,  firm  or  corporation  employing  a  child  between  the  ages  of  fourteen 
and  sixteen  years  of  age  shall  permit  the  attendance  of  such  child  upon  a  part-time  school 
or  class  whenever  any  such  part-time  school  or  class  shall  have  been  established  in  the  dis- 
trict where  the  child  resides  or  may  be  employed,  and  any  employer,  firm  or  corporation 
employing  any  child  over  fourteen  and  less  than  sixteen  years  of  age  contrary  to  the  pro- 
visions of  this  act  shall  be  subject  to  a  fine  of  not  less  than  five  dollars  nor  more  than  fifty 
dollars  for  each  separate  offense. 

(S.  B.  102,  L.  1919.) 


74  SCHOOL  ATTENDANCE 

(9)  Enforcement  Tiy  authorities. 

Sec.  9.     The  school  ofl&cials  charged  with  the  responsibility  of  enforcing  the  compulsory 
attendance  laws  of  this  state  shall  also  be  responsible  for  the  enforcement  of  the  attend- 
ance upon  part-time  schools  and  classes  in  accordance  with  the  terms  of  this  act. 
(S.   B.    102,   L.    1919.) 

(10)  Repeal. 

Sec.  10.    That  Sections  4960  and  4961,  Code  1915,  be  and  the  same  are  hereby  repealed. 
(S.   B.   102,   L.   1919.) 

(11)  Reports  on  school  attendance — Jury  charge. 

County  superintendents  are  vested  with  general  supervisory  powers  in  this  matter  and 
shall  require  all  directors  to  comply  with  the  provisions  of  §  4961.  Principals  or  teachers  in 
charge  of  rural  schools  in  this  State  shall  weekly  make  a  report  in  writing  to  the  county 
school  superintendent  containing  the  names  of  all  persons  having  the  control  of  children 
of  school  age  who  have  failed,  neglected  or  refused  to  send  such  children  to  school  as  re- 
quired by  $  4961.  The  presiding  judge  of  the  district  courts  at  each  session  shall  give  to 
the  grand  jury  as  a  special  charge  the  substance  of  the  law  of  compulsory  school  attend- 
ance. , 
(Sec.  35,  C.  105,  L.  1917,  amending  §  4962  Code.) 

BLIND    CHILDREN. 

(12)  School  attendance. 

Sec.  1.  Every  parent,  guardian  or  person  having  control  or  custody  of  any  child  who 
is  between  the  ages  of  five  and  twenty-one  years,  and  who,  on  account  of  blindness  cannot 
be  educated  in  the  public  schools,  shall  send  such  child  to  the  New  Mexico  Institute  for  the 
Blind  at  Alamogordo  during  each  school  year  for  the  period  of  seven  years,  unless  such 
child  be  taught  .such  branches  as  are  taught  in  said  institute  in  a  private  school,  at  home, 
or  in  a  similar  institution  in  another  state,  or  unless  such  child  be  suffering  from  physical 
or  mental  disability  sufficient  to  incapacitate  him  or  her  from  attending  such  institute. 
It  shall  be  the  duty  of  the  superintendent  of  such  institute  to  see  that  each  pupil  in  said 
institution  shall  have  every  reasonable  opportunity  to  practice  its  own  religious  belief,  and 
that  no  impediment  be  placed  in  the  way  of  such  pupil  in  the  practice  of  their  respective 
religious  belief.  Provided,  that  whenever  admission  to  said  institute  is  requested  for  any 
child,  afflicted  with  blindness,  under  five  years  of  age,  the  board  of  regents  or  superintend- 
ent thereof  is  hereby  empowered  to  admit  such  child,  under  rules  and  regulations  established 
by  said  board. 

(0.  33,  L.   1915.) 

(13)  Transportation. 

Sec.  2.  That  the  superintendent  of  such  institute,  out  of  the  appropriation  made  for 
said  institute,  shall  pay  for  the  transportation  of  such  children  to  and  from  such  institution 
whenever  the  parents,  guardian  or  person  having  control  or  custody  of  any  such  child  shall 
be  unable  to  pay  for  same.  Provided,  that  said  board  of  regents  shall  prescribe  what  por- 
tion of  said  appropriation  shall  be  used  for  said  transportation  purposes. 

(C.  33,  L.   1915.) 

(14)  County  superintendent,  reports. 

Sec.  3.  Superintendents  of  schools  in  the  several  counties  of  the  State,  on  the  first  day 
of  August  and  the  first  day  of  January  in  each  year,  shall  furnish  the  Superintendent  of  the 
New  Mexico*  Institute  for  th^  Blind  a  complete  list  of  all  such  children  in  their  respective 
counties,  and  it  shall  be  the  duty  of  the  superintendent  of  such  institute  to  communicate 
to  the  parent,  guardian  or  person  having  custody  or  control  of  each  such  child  the  provi- 
sions of  this  act. 

(C.  33,  L.   1915.) 

(15)  Penalty,  proviso. 

Sec.  4.  Any  person  who  shall  violate  this  act,  upon  conviction  thereof,  shall  be  pun- 
ished by  a  fine  of  not  more  than  twenty-five  dollars  or  by  imprisonment  for  not  more  than 
thirty  days.  Provided,  that  this  section  shall  not  apply  in  case  the  child  of  any  such  par- 
ent, guardian  or  other  person  cannot  be  admitted  to  said  institute  under  the  rules  and  regu- 
lations thereof. 

(0.  33,  L.   1915.) 


SCHOOL  ATTENDANCE  75 

DEAF  AND  DUMB  CHILDREN. 

(16)     §  5104.     Attendance  of. 

It  is  hereby  made  the  duty  of  the  clerks  of  all  school  districts  and  boards  of  education 
within  the  State  of  New  Mexico  to  report  to  the  school  superintendent  of  their  respective 
counties  the  names,  age,  sex  and  residence  of  all  deaf  or  mute  persons  of  school  age  residing 
within  their  respective  districts  together  with  the  postoffice  address  of  the  parents  or 
guardians  of  such  children,  this  report  to  be  incorporated  in  the  regular  report  from  such 
school  district  at  the  time  provided  by  law;  and  it  shall  be  the  duty  of  such  school  superin- 
tendent to  at  once  send  a  report  to  the  superintendent  of  this  asylum,  including  tlie  names 
and  addresses  of  all  such  children  within  his  county. 

It  shall  then  be  the  duty  of  the  superintendent  of  this  asylum  to  at  once  notify  the 
parents  or  guardians  of  such  children  to  send  the  same  to  this  asylum  for  proper  instruc- 
tion at  a  time  to  be  fixed  by  him. 

If  the  parent  or  guardian  of  any  such  child  shall  make  oath  that  by  reason  of  his  pov- 
erty he  is  unable  to  suitably  clothe  such  child  and  provide  means  of  transportation  for  it 
from  its  home  to  such  asylum,  and  the  probate  judge  of  such  county  in  which  the  child 
lives  shall  certify  that  such  is  the  fact  under  the  seal  of  his  court,  then  and  in  that  case 
the  superintendent  of  said  asylum  is  authorized  to  draw  a  requisition  upon  the  board  of 
trustees  for  a  sufficient  amount  of  money  to  suitably  clothe  such  child  and  pay  for  its 
transportation  to  this  asylum,  which  requisition  shall  be  honored  by  such  board  and  such 
child  shall  thereupon  be  sent  by  its  parents  or  guardian  to  such  asylum  for  instruction,  and 
the  provisions  of  section  4960  in  regard  to  compulsory  attendance  upon  the  public  schools 
are  hereby  extended  to  and  made  applicable  to  attendance  upon  some  school  for  the  deaf 
and  the  mute,  and  the  school  directors  of  the  several  districts  are  hereby  required  and  direct- 
ed to  enforce  the  same  with  regard  to  this  asylum  in  the  same  manner  as  is  provided  by  that 
section  for  enforcing  attendance  upon  the  district  schools. 

Any  failure  on  the  part  of  any  person  hereinbefore  mentioned  to  comply  with  the  du- 
ties herein  provided  shall  be  deemed  a  misdemeanor  and  punished  as  such. 

(L.    1899,   C.   42,   §4.) 


CHAPTER  8. 

NIGHT  AND  COKEESPONDENCE  SCHOOLS. 


Art.   1.     Night   Schools.      (Page   76.) 

Art.  2.     Correspondence  schools.      (Page  76-77.) 

NIGHT   SCHOOLS    (NOCTURNAL). 

(ARTICLE  1.) 

(1  )  Establishment,   sessions. 

(  2  )  Instructors,   compensation. 

(  3  )  Establishment,   sessions. 

(  4  )  Instructors,    compensation. 

(  5  )  Repeal. 

(1)  Establishment,  sessions. 

Sec.  1.  The  school  directors  in  every  school  district  in  the  State  of  New  Mexico,  where 
there  may  be  ten  or  more  illiterate  or  semi-illiterate  persons,  may  engage  their  respective 
teachers  to  hold  nocturnal  courses  of  instructions  as  are  taught  in  the  common  school 
branches  of  the  public  schools  of  the  state  of  at  least  one  hour  each  night. 

(C.  88,  L.  1917.) 

(2)  Instructors,  compensation. 

Sec.  2.  An  allowance  of  five  ($5.00)  dollars  per  month  for  the  first  ten  students  and 
five  ($5.00)  dollars  additional  for  any  number  over  and  above  the  first  ten  students  shall 
be  paid  over  and  above  the  regular  salary  in  the  same  manner  and  form  and  from  the 
same  fund  that  the  teachers'  regular  salaries  are  paid,  to  any  school  teacher  who  shall 
engage  in  the  performance  of  the  duties  prescribed  in  Section  1  of  this  act. 

(C.  88,  L.  1917.) 

(Following  three  sections  repeal  preceding  two  effective  after  June  13,  1919.) 

(3)  Establishment,  sessions. 

Sec.  1.  "Whenever  there  are  ten  or  more  illiterate  or  semi-illiterate  adult  persons  in  any 
rural  school  district,  any  municipal  school  district  of  an  incorporated  village  or  town,  or  in 
a  ward  of  any  city,  who  wish  to  attend  a  night  school,  the  respective  county  or  municipal 
board  of  education  may  engage  a  competent  instructor  to  teach  such  persons  at  the  school 
house  of  such  district  or  ward  in  sessions  of  two  hours  each  three  times  per  week  during 
the  school  term  thereof. 

(H.  B.  152,  L.   1919.) 

(4)  Instructors,  compensation. 

Sec.  2.  Such  instructor  shall  receive  per  month  not  to  exceed  fifteen  dollars  for  ten  to 
fifteen,  twenty  dollars  for  fifteen  to  twenty,  and  twenty-five  dollars  for  twenty  or  more 
students  regularly  attending  such  night  school,  to  be  paid  out  of  the  funds  of  the  district 
in  which  said  school  is  held. 

(H.  B.   152,  L.   1919.) 

(5)  Repeal. 

Sec.  3,    Chapter  88  of  the  Laws  of  1917  is  hereby  repealed. 

(H.  B.   152,  L.   1919.) 

CORRESPONDENCE   SCHOOLS. 
(ARTICLE  2.) 
(  1  )      Canvassing. 
(  2  )      Applications. 
(  8  )      Permits,   revocations. 
(  4  )      Violations. 
(  5  )      Canvassing  legal  when. 

(1)  §  5000.  Canvassing  by  correspondence  schools,  when  unlawful,  application  to  State 
board  required. 
It  shall  be  unlawful  for  any  correspondence  school,  business  college,  or  commercial 
department  of  any  other  school,  its  agents  or  representatives  to  canvass  prospective  stu- 
dents in  the  State  of  New  Mexico  for  the  purpose  of  selling  to  such  prospective  student 
or  to  anyone  for  the  use  of  such  prospective  student  any  scholarship  or  tuition  in  advance 
in  such  school,  or  to  contract  in  advance  for  such  scholarship  or  tuition  or  to  take  payment 


NIGHT  AND  CORRESPONDENCE  SCHOOLS  77 

for  the  same  in  money,  notes  or  other  evidence  of  indebtedness  before  the  registration  in 
good  faith  of  such  student  in  such  school,  college,  or  commercial  .department,  without  the 
school,  it  agent  or  representative  first  making  application  to  the  State  Board  of  Education  as 
hereinafter  provided,  and  receiving  from  such  State  Board  of  Education  a  permit  granting 
to  the  school  so  applying  the  right  to  canvass  and  sell  scholarships  and  to  receive  tuition  in 
advance. 

(L.    1913,    C.    77,    §2.) 

(2)  §  5001.     Application  for  permit,  contents  and  signature. 

The  application  to  the  State  Board  of  Education  shall  set  forth  the  name  of  the  school 
seeking  such  permit,  its  location,  the  number  of  instructors  employed  in  such  school,  the 
course  or  courses  of  study  in  which  instruction  is  off  erred,  the  subjects  included  in  each 
course,  the  entrance  and  graduation  requirements  for  each  course,  and  in  addition  thereto 
the  applicant  shall,  upon  request  of  the  board,  furnish  such  other  information  as  may  be 
required  by  such  board.  The  application  shall  be  signed  by  some  authorized  representative 
of  the  school  and  shall  be  accompanied  by  such  fees  as  may  be  required  by  the  State 
Board  of  Education. 

(L.  1913,  C.  77,  §3.) 

(3)  §  5002.     Revocation  of  permit. 

The  State  Board  of  Education  shall  have  authority  and  power  to  revoke  any  permit 
issued  by  it  at  its  discretion  and  for  cause  satisfactory  to  the  Board. 

(L.  1913,  C.  77,   §4.) 

(4)  §  5003.     Violation. 

Any  person  who  shall  violate  this  article  shall  upon  conviction  be  deemed  guilty  of  a 
misdemeanor  and  shall  be  fined  in  a  sum  not  to  exceed  $100.00  for  each  offense,  or  by  im- 
prisonment in  the  discretion  of  the  court  trying  the  same. 

(L.   1913,  C.  77,   §5.) 

(5)  §5004.     Canvassing  legal,  when. 

Nothing  in  this  article  shall  be  construed  to  prevent  canvassing  for  students  where  no 
scholarship  is  sold  nor  fees  for  tuition  are  collected  in  advance  or  prevent  the  legitimate 
advertising  of  any  such  school. 

(L.   1913,   C.   77,    §6.) 


CHAPTER  9. 

HOLIDAYS  AND  SPECIAL  DAYS. 

(  1  )  Arbor  Day. 

(  2  )  Washington's   Birthday. 

(  3  )  Columbus  Day. 

(  4  )  Lincoln  Day. 

(1)  §  2726.     Artor  day. 

The  second  Friday  in  March  of  each  year  shall  be  set  apart  and  known  as  Arbor  day, 
to  be  observed  by  the  people  of  this  State  in  the  planting  of  forest  trees  for  the  benefit  and 
adornment  of  public  and  private  grounds,  places  and  ways,  and  in  such  other  efforts  and 
undertakings  as  shall  be  in  harmony  with  the  general  character  of  the  day  so  established. 
Provided,  that  the  actual  planting  of  trees  may  be  done  on  the  day  designated  or  at  such 
other  most  convenient  times  as  may  best  conform  to  local  climatic  conditions,  such  other 
time  to  be  designated  and  due  notice  thereof  given  by  the  several  county  superintendents 
of  schools  for  their  respective  counties. 

The  day  as  above  designated  shall  be  a  holiday  in  all  public  schools  of  the  State,  and 
school  officers  and  teachers  are  required  to  have  the  schools  under  their  respective  charge 
observe  the  day  by  planting  of  trees  or  other  appropriate  exercises. 

Annually,  at  the  proper  season,  the  governor  shall  issue  a  proclamation,  calling  the  at- 
tention of  the  people  to  the  provisions  of  this  section  and  recommending  and  enjoining  its 
due  observance.  The  respective  county  superintendents  of  schools  shall  also  promote  by 
all  proper  means  the  observance  of  the  day,  and  the  said  county  superintendents  of  schools 
shall  make  annual  reports  to  the  governor  of  the  State  of  the  action  taken  in  this  behalf 
in  their  respective  counties. 

(C.  L.  1897,   §1625  a.) 

(2)  §2727.     Washington's  birthday. 

February  twenty-second  (Washington's  birthday)  may  hereafter  be  observed  by  the 
public  schools  as  a  legal  holiday.  If  any  teacher  or  teachers  in  the  rural  districts  and  vil- 
lage schools  shall  have  arranged  beforehand  a  program  of  exercises  by  the  pupils  appro- 
priate for  the  occasion  for  such  day,  the  directors  of  such  district  shall  not  deduct  any 
moneys  from  his  salary  because  of  his  absence  from  active  school  duty  on  such  day. 

(L.   1903,   C.   119,    §20.) 

(3)  §2728.    Columbus  day. 

That  to  commemorate  the  discovery  of  America  by  Christopher  Columbus,  the  twelfth 
day  of  October  shall  hereafter  be  a  legal  holiday,  and  shall  be  known  as  Columbus  day. 

(L.  1912,  c.  10,  §1.) 

(4)  §  4862.     Lincoln  day. 

The  twelfth  day  of  February  in  each  and  every  year  is  established  in  the  annual  school 
calendar  to  be  known  as  Lincoln  day,  in  honor  of  the  birthday  of  Abraham  Lincoln,  and 
shall  be  observed  with  patriotic  exercises  in  the  public  schools,  but  such  day  shall  in  no 
wise  be  construed  to  be  a  holiday.  It  is  also  provided  that  when  such  day  shall  fall  on  Sun- 
day or  on  Saturday,  the  following  or  preceding  day,  respectively,  as  the  case  may  be,  shall 
be  observed. 

(Act  of  Mar.  10,  1905;  L.  1905.  C.  48,  §3,  as  amended  by  L.  1^09.  C.  121.  §3.) 


CHAPTER  10. 

SPANISH  LANGUAGE. 

(See  also  Teachers.) 

(  1  )  Teaching  of. 

(  2  )  Courses,  text  books. 

(  3  )  Use  of  Spanish,  English  principal  language. 

(  4  )  High  schools  and  certain  state  educational  institutions. 

(  5  )  Courses   of   study. 

(  6  )  Teachers,    qualifications. 

(1)  Teaching,  when. 

Sec.  1.  That  Spanish  as  a  separate  subject  shall  be  taught  in  any  public  elementary 
or  high  school  in  the  State  when  a  majority  vote  of  th6  board  of  school  directors  or  board 
of  education  in  charge  of  such  school  shall  direct.  Provided,  that  the  time  devoted  to  such 
subject  shall  be  such  as  shall  be  provided  for  by  the  State  Board  of  Education. 

(C.  88,  L.  1915.) 

(2)  Courses,  text  books. 

Sec,  2.  That  it  is  hereby  made  the  duty  of  the  State  Board  of  Education  to  prepare 
an  outline  of  a  course  of  study  in  such  subject  and  to  prescribe  text  books  therefor. 

(C.  88,  L.  1915.) 

(3)  Use  of  English  and  Spanish  languages. 

Sec.  3.  Except  as  herein  provided,  the  books  used  and  the  instruction  given  in  said 
schools  shall  be  in  the  English  language;  provided,  that  Spanish  may  be  used  in  explaining 
the  meaning  of  English  words  to  Spanish-speaking  pupils  who  do  not  understand  English. 

(C.  88,  L.  1915.) 

(Following  sections  are  effective  after  June  13.   1919.) 

HIGH  SCHOOLS  AND   CERTAIN   STATE   EDUCATIONAL  INSTITUTIONS. 

(4)  Courses  to  be  taught. 

Sec.  1.  A  course  of  study  of  the  Spanish  langimge  shall  be  taught  in  each  standard 
four-year  high  school  of  the  State,  the  University  of  New  Mexico,  the  College  of  Agricul- 
ture and  Mechanic  Arts,  the  Military  Institute,  the  Normal  University,  the  Normal  School 
and  the  Spanish- American  School. 

(H.  B.   154,   L.   1919.) 

(5)  Kind  of  Courses. 

Sec.  2.     The  course  of  study  for  students  of  the  Spanish  language  in  such  institutions 
shall  be  reading,  writing,  grammar,  spelling,  diction  and  composition.     The  books  to  be  used 
shall  be  those  generally  used  in  Spanish  schools. 
(H.  B.   154,   L.   1919.) 

(6)  Teachers  of  Spanish;  qualifications. 

Sec.  3.  No  person  shall  be  employed  to  teach  the  Spanish  language  in  any  educational 
institution  of  the  State  unless  such  person  shall  present  to  the  State  Board  of  Education 
a  certificate  or  diploma  from  some  authorized  educational  institution  showing  that  he  under- 
stands and  speaks  the  Spanish  and  English  languages  with  sufficient  fluency  and  correctness 
to  successfully  teach  the  Spanish  language  in  any  institution  of  education  in  the  State;  or 
if  no  such,  such  certificate  or  diploma  be  presented  to  said  Board,  then  such  person  shall 
pass  an  examination  regarding  his  knowledge  of  the  Spanish  and  English  languages  before 
some  competent  person,  who  shall  be  appointed  to  conduct  such  examination  by  the  State 
Board  of  Education.  If  such  person  shall  present  certificate  or  diploma  mentioned  in  this 
act  to  the  State  Board  of  Education,  or  shall  successfully  pass  the  examination  herein  re- 
quired, he  shall  receive  a  certificate  from  said  board  which  shall  entitle  him  to  teach  the 
Spanish  language  in  any  educational  institution  in  the  State  for  four  years  from  the  date 
thereof. 

(H.  B.   154,  L.   1919.) 


INDEX 


ACCOUNTS,  STATE  EDUCATIONAL  INSTITUTIONS,  16  (5)    (6) 

ADMISSION. 

Blind  Institute,  33  (2) 

County  High  Schools,  42  (3) 

Deaf  School,  33  (6) 

Grade  Schools,  49  (2) 

Spanish  American  Normal  School,  31  (19) 

State  Institutions,  17  (12) 

University,  20   (11) 

AGRICULTURAL  COLLEGE,  (See  also  State  Institutions). 
Admission,  Persons  Eligihle,  21  (1) 
Appropriations,  23  (13),  23  (14) 

Agriculture,  23  (14),  24  (16) 

Co-operative,  23  (14) 

Extension  Work,  24  (17) 

Home  Economics,  24   (16) 

Payment,  24  (15) 
Buildings,  Funds,  18  (4) 
Congressional  Legislation,  Assent  to,  24  (7) 
Contracts,  18  (10) 
County  Agents 

Compensation,  25  (1) 

Demonstration,  24  (19) 

Duties,  24  (20) 

Employment,  25  (1) 

Selection,  24   (20) 
County  Demonstration,  24  (19) 
Courses,  21  (1),  (2),  22  (5) 
Degrees,  23  (11) 
Experiment  Station,  Assent  to  Congressional  Legislation,  23  (8),  23  (9) 

Control,  Etc.,  22  (6) 
Extension 

Administration,  24  (18) 

Appropriation,  23   (14),  24  (17) 
Faculties,  Control,  23  (11) 
Funds,  Apportionment,  18  (4) 

Disbursement,  18  (2) 
Governor  Member  Board,  18  (6) 
Instruction,  23  (11) 
Lands,  23  (12) 

Moneys,  Administration,  Extension  Work,  24  (18) 
Officers,  22  (3),  18  (2) 

Embezzlement,  18  (2) 

Removal,  23  (11),  17  (13) 
Purposes  and  Character,  21  (1) 
Records,  PubUc,  IS  (9) 
Regents 

Meetings,  18   (7),  23   (10) 

Number  of,  21   (2) 

Oaths,  19   (11) 

Powers,  21  (2),  22  (4) 

Reports,  18  (4) 

Residence,  18  (8) 

Rules,  23  (10) 

State  Superintendent,  Member,  18   (6) 

Traveling  Expenses,  17   (1) 
Secretary  and  Treasurer 

Compensation,  22   (3) 
Sectarianship,  Forbidden,  19  (13) 
State  Superintendent  Member,  18  (6) 
Traveling  Expenses,  17  (1) 

ALCOHOL,  SEC.  63 


APPROPRIATIONS 

Agricultural  College,  23  (13)   (14) 

Agriculture,  23  (14) 

Agriculture  Extension  Work,  24  (17) 

Co-operative  Agriculture,  23  (14) 

Extension  Work,  24  (17) 

Home  Economics,  24  (16) 
Assistant  State  Superintendent,  12  (2)  (3) 
BUnd  Institute,  33   (3) 
Child  Welfare  Service,  14 
Deaf  School,  33  (8) 
Director,  Child  Welfare,  14 
Industrial  Director,  13  (3),  14  (8) 
Mine  School,  27  (15) 
School  of  Mines,  27  (15) 
Spanish-American  Normal,  31   (21) 
State  Board,  7  (5) 
Student  Teachers,  70,  71 
University,  21  (15) 

ARBOR  DAY,  78  (1) 

ASSISTANT  STATE  SUPERINTENDENT 
Appointment,  12  (1) 
Appropriation,  12  (2)   (3) 
Compensation,  12  (1) 
Qualifications,  12  (1) 

ATTENDANCE 

Ages  Required,  72  (1)    (2) 

Blind  Children,  74 

Deaf  Children,  75  (16) 

Employed  Children,  73  (3) 

Employers,  Liability,  73  (8) 

Enforcement,  74  (9) 

Excused,  73  (3) 

Jury  Instruction,  74  (11) 

Mandamus,  73  (7) 

Parents,  Responsibility,  73  (7) 

Part  Time  Classes,  73  (3)   (4)   (5)    (6)   (8) 

Persons  Required  to  Attend,  72  (1)   (2) 

Reports,  74  (11) 

Rights  of,  72  (2) 

BLIND— See  Blind  Institute. 

BLIND  INSTITUTE — (See  also  State  Educational  Institutions.) 
Admission  to,  33  (2) 
Appropriation,  33  (3) 
Attendance,  74 
State  Institution,  33  (1) 

BOARDS  OF  EDUCATION 

See  Cities,  Towns,  County  Boards. 

BONDS — (See  Houses,  Cities,  County  Board.) 

BUILDINGS — (See  Houses.) 
State  Institutions,  18  (4) 

CADETS,  64,  65 

CHILD  WELFARE  SERVICE 

Appropriations,   14   (4) 
Compensation,  14  (2) 
Creation  and  Control,  14  (1) 
Director,  Compensation,  14  (3) 
Director,  Powers,  14   (3) 
Members,  Appointment,  14  (2) 

CITIES 

Admission  to,  49  (2) 
Annexation  of  Territory  to,  49  (4) 
Board  of  Education 
Clerk,  50  (11) 

Bond,  51  (16) 

Duties,  51  (16) 

Oath,  51  (16) 


CITIES — (Continued  from  preceding  page.) 
Board  of  Education 

Compensation,  50  (9) 
Corporation,  50   (6) 
Election,  50  (7) 
Meetings,  50   (10) 
Powers,  51   (17) 
President,  50   (11) 

Duties,  50  (12) 
Qualifications,  50   (7) 
Superintendent,  51  (18) 

Employment,  51   (19) 
Terms,  50  (7) 
Treasurer 

Bond,  51   (14) 

Compensation,  51  (14) 

Duties,  51   (14) 

Moneys,  51  (14) 

Eeports,  51   (14),  47   (1) 
Vacancies,  50   (8) 
Vice  President,  50  (11) 

Duties,  51  (13) 
Bonds 

Advertisement,  48  (6) 
Contractor,  47  (4) 
Elections,  47  (4),  48  (5) 
Interest,  48  (9) 
Issuance,  47  (3) 
Levy  for,  48'  (8) 
Limitations,  47   (3) 
Payment,  48  (10) 
Power    Concerning,   47    (2) 
Eegister,  48  (7) 
Sale,  48  (6) 
Creation  of  Schools,  49  (2) 
Sectarianship,  Forbidden,  49   (3) 
Taxation,  Property  Exempt,  50  (5) 

COLLEGE  or  AGRICULTURE— (See  Agricultural  College.) 

COLUMBUS  DAY,  78  (3) 

COMPULSORY  ATTENDANCE— (See  Attendance.) 

CONSOLIDATION 

See  Districts,  35,  36 

CONTROL  OF  SCHOOLS— Generally,  63  (10) 
COUNTY  AGENTS,  24,  25 

COUNTY  BOARD  OF  EDUCATION 

Appointment,  54  (2) 

County  Superintendent,  Member,  34  (2) 

Creation,  34  (1) 

Eminent  Domain,  36  (14) 

Flags,  Purchase  of,  37  (20) 

Funds,  Apportionment,  37  (15) 

Payment,  37  (16) 
Grades,  37  (19) 
Higher  Grades,  37  (19) 
Meetings,  35  (4) 
Members,  Compensation,  35  (4) 

Traveling  Expenses,  35   (4) 
Powers,  35  (6),  35   (5) 
President,  34  (2) 

School  Directors,  Agents,  When,  36  (13) 
School  Orders,  37  (18) 
Terms,  34  (2) 
Vice  President,  35  (4) 
Warrants,  37  (17) 

COUNTY  FUNDS,  61,  62 

COUNTY  HIGH  SCHOOLS  ' 

Admission  to,  42  (3) 
Boards,  Power,  42  (5) 


COUNTY  HIGH  SCHOOLS— (Continued  from  preceding  page.) 
Building,  43  (10),  43  (11) 
Control,  42  (4) 
Courses,  42  (6) 
Creation,  42  (1) 

Election  to  Determine  Creation,  42  (2) 
Estimates  for  Maintenance,  42  (7) 
Funds,  Apportionment,  43  (9) 
Levy,  42  (7),  43  (8) 
Management,  42  (4) 
Powerg,  42  (5) 

Reports  President  and  Secretary,  43   (9) 
Rules  and  Regulations,  42  (5) 
Site,  43  (10) 
Spanish,  79 

Tax  Levy,  42  (7),  43   (8) 
Teachers,  42  (5) 
Tuition,  42   (3) 

COUNTY  SUPERINTENDENT 
Bond,  38  (4) 
Compensation,  38  (5) 

Fund  Payable  and  When,  38  (6) 
County  Board  Memher,  34  (2) 
Directors,  Prosecution,  40  (2) 
Election,  38  (3) 
EligibiUty,  38   (1) 

Meetings  School  Directors,  Attendance,  39  (9) 
Oath,  38   (4) 
Penalty,  40  (1) 
Powers  and  Duties,  38  (7) 
President  County  Board,  34  (2) 
Reports 

School  Attendance,  74  (11) 

Statistical.  39  (12),  41  (3) 

Visiting  Schools,  39   (10) 
Succession,  Forbidden  When,  38  (2) 
Terms,  38  (2)   (3) 
Traveling  Expenses,  39  (11) 
Visiting  Schools,  39  (10) 

CORRESPONDENCE  SCHOOLS 

Business  of,  76  (1) 
Canvassing,  76  (1),  77  (5) 
Permits,  77  (2)  (3) 

COURSES,  62  (2),  63 

COURTS,  INSTRUCTION  ON  EXCEEDING  APPROPRIATIONS,  17   (11) 

CREATION  OF  SCHOOLS,  Generally,  63  (11) 

CREDIT,  LENDING,  54  (7) 

DAY,  63  (7) 

DEAF  AND  DUMB  ASYLUM 

Admission,  33  (6) 
Appropriations,  33  (8) 
Attendance  at  School,  75 
Buildings,  32  (3) 
Creation,  32  (1) 
Lands,  33  (7) 
Name,  32  (2) 
Officers,  32  (3) 
Regents 

Appointment,  32  (3) 

Compensation,  32  (3) 

Powers,  32  (3) 

Report,  32  (3) 

Traveling  Expenses,  32  (3) 
Superintendent,  32  (3) 
Trustees,  32  (4) 

Duties  and  Powers,  33  (5) 


DIRECTORS  (SCHOOL) 

Agent  County  Board,  36  (13) 

Ballots,  40  (2) 

Buildings,  Control  of,  40  (4) 

Canvassing  Returns,  40  (2) 

Census  Enumeration,  Method,  41  (6) 

False  List,  41  (7) 
Chairman,  40  (4) 
Clerk,  40  (4) 

County  Board  Agents,  36  (13) 
County  Superintendent,  Prosecution  hy,  40  (2) 
County  Superintendent,  Report  of  School  Districts,  41   (5) 
Creation,  40  (1) 
Disqualification,  40  (2) 
Election  of,  40  (2) 
Meetings,  40  (4) 
New  Districts,  41  (5) 
Oath,  40  (2) 
Penalty,  40  (2) 
Powers,  40  (4) 
Terms,  40  (2),  40  (3) 
Vacancies,  Notice,  Etc.,  40  (4) 
Voters,  Qualifications,  40  (2) 

DISTRICTS — (See  also  Special  Heads.) 
Changing  Lines,  35  (7) 
Consolidation,  35  (8) 
Inter  Consolidation,  36 

DONATIONS,  53   (3) 

EMBEZZLEMENT,  54  (8) 

EMPLOYERS,  OF  CHILDREN,  73 

ENGLISH,  BRANCHES  TO  BE  TAUGHT  IN,  62  (1) 

EVIDENCE,  ACTS  OF  SUPERINTENDENT,  10   (2) 

EXPERIMENT  STATION,  SEE  AGRICULTURAL  COLLEGE,  Pages  22  and  23 

ENGLISH  LANGUAGE,  62  (1) 

FLAG 

Day,  78  (4) 
Displaying,  63  (8) 
Program  for,  11  (11) 
Purchase  of,  37  (20) 

FUNDS 

Appeals,  56  (6) 

Apportioned,  56  (5) 

Bids,  58  (1) 

County  Generally,  61,  62 

County  Levy,  55  (1)    (2) 

Dedication  of  to  Puhlic  Purposes,  58  (3) 

District  Levy,  56  (4) 

District,  Estimates,  56  (3) 

Expenditure,  Limited,  58  (1)   (2) 

High  Schools,  Non  Application,  57  (7) 

Levy,  County,  55  (1)    (2) 

Pecuniary  Gain  From,  58  (5) 

Reports  Concerning,  58  (4) 

State  Current  School  Fund,  Levy,  55  (1) 

State,  Generally,  59,  60,  61 

GIFTS— CONSERVATION  OF,  53   (3) 

GOVERNOR 

Boards,  Member,  7  (3),  18  (6) 

HIGH  SCHOOLS— (See  County  High  Schools.^ 

HISTORY,  63  (9) 

HOLIDAYS 

Arbor  Day,  78  (1) 
Columbus  Day,  78  (3) 
Flag  Day,  78  (4) 
Lincoln  Day,  78  (4) 
Washington's  Birthday,  78   (2) 


HOUSES 

Bids  for  Construction,  46  (15) 
Bonds 

Assessment  Information,  45   (10) 

Boundaries,  District,  45  (9) 

Election,  45  (8)    (11),  46  (12) 

Issuance,  44  (7),  45  (8) 

Sale,  45  (8) 
Construction,  Bids,  46  (15) 
Funds,  Created,  46  (13) 
Insurance,  53  (4)   (5) 
Location  of,  44  (1) 
Money,  Borrowing,  44  (5) 
Use,  44  (2) 

INDUSTRIAL  EDUCATION— (See  Vocational  Education.) 

INSPECTION,  MILITARY  INSTITUTE,  28  (13) 

INSURANCE,  53  (4)   (5) 

KINDERGARTEN  TRAINING,  31  (14) 

LANDS 

Agricultural  College,  23   (12) 

Deaf  School,  33  (7) 

Lease  of  Generally,  16  (3)   (4) 

Military  Institute,  28  (6)   (8) 

Mines,  School  of,  27  (14) 

Normals,  30  (6) 

Spanish  American  Normal  School,  31 

University,  21   (14) 

LAWS 

Appropriation,  10  <6) 
CompiUng,  11   (12)    (13) 
Distributing,  12  (14) 
Printing,  11   (11) 

LINCOLN  DAY,  78  (4) 

LOTS,  TOWNSITE,  54,  55 

MAINTENANCE,  STATE  AID,  44  (3),  44  (4) 

MANDAMUS,  ATTENDANCE,  73  (7) 

MANUAL  TRAINING,  NORMAL  UNIVERSITY,  31    (14) 

MILITARY  INSTITUTE— (See  also  State  Institutions.) 
Appropriations,  29  (15) 
Commissions  for  Cadets,  28  (14) 
Deeds,  Execution,  28  (7) 
Governor's  Staff,  28  (10) 
Inspection,  28  (13) 
Lands,  28  (8) 

Ordnance  and  Stores,  28  (12) 
President,  27  (3) 
Purposes,  27  (4) 
Regents,  Compensation,  27  (2) 

Powers,  27   (5) 
Secretary  and  Treasurer,  27  (3) 
State  Institution,  27  (1) 
Stores,  Custody,  Etc.,  28  (12) 
Student  Companies,  Etc.,  28  (11) 
Tuition,  28  (9) 

MINES— (See  School  of  Mines.) 

MONEY,  BORROWING,  44  (5) 

MONTH,  63  (7) 

MUNICIPAL  SCHOOLS 

See  Cities 
Towns 
Villages 


NATIONAL  GUARD— (See  Cadets,  64,  66,  and  Military  Institute.) 

NIGHT  SCHOOLS 
Creation,  76  (1) 
Instructors,  76  (2)  (4) 

Compensation,  76   (2)    (4) 
Sessions,  76  (3) 

NORMAL  SCHOOL — (See  Normal  University,  29,  also  Spanish  American  Normal  School.) 

NORMAL  UNIVERSITY 

Admission,  30  (10) 

Appropriations,  30    (8) 

Kindergarten  Training  School,  31   (14) 

Lands,  30   (6) 

Manual  Training,  31   (14) 

Officers,  Appointment  and  Terms,  29  (3) 

President,  29  (4),  30  (11) 

Regents 

Compensation,  30  (12) 

Meetings,  29  (5) 

Powers,  29  (3),  30  (10) 

Student  Teachers,  30  (13) 
Secretary  and  Treasurer,  30  (11),  29  (4) 

Compensation,  30  (12) 
Sectarianship,  Forbidden,  31   (15) 
State  School,  29   (1)    (2) 
Student  Teachers,  Railroad  Fare,  30  (13) 
Superintendent,  30   (10) 
Tuition,  30  (10) 

OFFICERS,   STATE  INSTITUTIONS 

Embezzlement,  18  (2) 
Removal,  17  (13) 

OPINIONS,  STATE  SUPERINTENDENT,  10   (7) 

PARENTS,  SCHOOL  ATTENDANCE  LIABILITY,  73. 

PART  TIME  SCHOOL  AND  CLASSES,  73 

PROPERTY 

Sale,  53  (6) 
Taxation,  53   (2) 

POLL  TAX 

Amount,  57  (8) 

Clerks,  Duties,  57  (8) 

Exemption;  from,  57  (10) 

Levy,  57  (8) 

List,  Posting,  57  (9) 

Persons  Liable  to,  57  (8)   (10) 

Report,  57  (9) 

RECORDS,  STATE  INSTITUTIONS  PUBLIC,  IS  (9) 

REPORTS 

County  Superintendent,  39  (10),  39  (12),  41  (5) 

Financial,  58  (4) 

School  Attendance,  74  (11) 

State  Institutions,  18  (4) 

State  Superintendent,  12  (15) 

RURAL    SCHOOLS — (See    Houses,    County   Boards,    County    Superintendent    and    Specific 
Subjects.) 

SCHOOL  CADETS,  64,  65 

SCHOOL  HOUSES— (See  Houses.) 

SCHOOL  OF  MINES — (See  also  State  Educational  Institutions) 
Appropriations,  27  (15) 
Assays,  Compensations,  26  (11) 
Degrees,  26  (8) 
Employes,  Removal,  26   (9) 
Faculties,  26  (7) 
Lands,  27  (14) 
Objects,  25  (1) 

Officers,  Appointment,  Etc.,  26  (3) 
Removal,  26  (9) 


SCHOOL  OF  MINES — (Continued  from  preceding  page.) 
Preparatory  Department,  27  (13) 
Regents,  Powers,  Etc.,  25  (2),  26  (6) 
Secretary  and  Treasurer,  Bond,  26  (3) 

Duties,  26  (4) 
State  School,  27  (12) 
Studies,  25  (1) 
Tuition,  26  (10) 

SECTARIANISM 

Porbidden,  19  (13),  21  (1),  21  (12),  31  (15) 

SPANISH 

Courses,  79, 
Teachers,  79  (1) 

SPANISH  AMERICAN  NORMAL  SCHOOL,  31 

STATE  AID,  44  (3)    (4) 

STATE  BOARD  OF  EDUCATION  ' 

Appropriations,  7  (5) 
Business  Colleges,  9  (12) 
Compensation  Memhers,  7  (4) 
Creation,  7  (1) 
Domestic  Science,  9  (13) 
Governor,  President,  7  (3) 
Industrial  Education,  9  (13) 
Manual  Training,  9  (13) 
Meetings,  7  (3) 
Members 

Personnel,  7  (1) 

8tate  Superintendent,  7  (1) 

Terms,  7  (2) 
Personnel,  7  (1) 
Powers,  8  (6),  9  (11) 
Secretary,  11  (8) 
Spanish  Courses,  79 
State  Superintendent  a  Member,  7(1) 
Teachers'  Certificates,  8  (7)    (8)    (10) 
Teachers'  Institutes,  8  (6)   (7) 
Terms,  7  (2) 
Text  Books,  Power  Concerning,  9  (11) 

STATE  EDUCATIONAL  INSTITUTIONS— (See  also  Specific  Heads.) 
Accounts,  16  (5)    (6) 

Admission,  Standard  of  Requirements,  17  (12) 
Appropriations,  Exceeding,  17  (10) 
Contracts,  17   (9) 
Control,   (proposed),  15  (1) 

Courts,  Instruction  for  Exceeding  Appropriations,  17  (11) 
Eminent  Domain,  15  (2) 
Expenditures,  16  (8) 
Financial  Statements,  16   (7) 
Food  and  Clothing,  17  (9) 
Indebtedness,  Limit,  16  (8) 
Lands,  Lease  or  Sale,  16  (3)   (4) 
Officers,  Removal,  17  (13) 
Penalty,  Exceeding  Appropriations,  17  (10) 
Receipts,  16  (5) 
Statements,  Financial,  16  (7) 
Tuition,  17  (14) 
Warrants,  16  (5) 

STATE  FUNDS,  GENERALLY,  59,  60,  61 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

Appropriations,  10  (6) 

Blanks,  Furnishing,  11  (11) 

Certifying  Acts,  10  (2) 

Compensation,  10  (4) 

Creation  of  Office,  9(1) 

Duties,  10  (7) 

Flag,  Program  of  Salute,  11  (11) 

Forms,  Furnishing,  11  (11) 

Laws,  School,  11  (11),  11  (12),  11  (13),  12  (14) 


STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— (Cont.  from  preceding  page.) 
Opinions  of,  10   (7) 
Patriotic  Exercises*  11  (11) 
Permits  to  Teach,  11  (10) 
Powers,  10  (7) 
Property,  Delivery,  10  (2) 
Qualifications,  10  (3) 
Reports,  Annual,  12  (15) 
Residence,  9  (1),  10  (2) 
School  Attendance — (See  Attendance.) 
School  Laws,  Compilation,  11  (12) 

Distributing,  12   (14) 

Payment,  11   (13) 

Printing,  11   (11) 
State  Board 

Member,  7   (1) 

Secretary,  11  (8)  ^ 
State  Institution  Boards 

Member,  18   (6) 
Term  of  Office,  9  (1) 

STUDENT  TEACHERS— (See  Teachers.) 

SUBJECTS,  ENGLISH 

SUPERINTENDENT — (See  County  Superintendent,  State  Superintendent.) 

TAXATION— (See  also  Poll  Tax.) 
County  Levy,  55  (1)    (2) 
Current  School  Fund,  55  (1) 
District  Estimates,  56   (3) 
District  Levy,  56  (4) 
Estimates,  56  (3) 
Levy,  County,  55  (1)    (2) 
State  Current,  55   (1) 
School  Property,  Exempt,  53  (1) 
State  Current  Levy,  55  (1) 

TEACHERS 

Alcohol,  66   (3) 
Certificate,  8  (7)   (8)   (10) 
Compensation 

Payment,  68  (12)    (13) 

Second  Grade,  67  (11) 

Third  Grade,  67  (11) 
County  High  Schools,  42  (5) 
Health,  Appeal  from  Physician,  67  (8) 

Certificates,  66,  67 
History,  66  (2),  68  (14) 
Institute,  S  (6)   (7) 
Kindergarten  Training,  31  (14) 
Narcotics,  66  (3) 
Permits,  11  (10) 
Physics,  66  (2) 
QuaUfications,  66,  67,  79 
Spanish 

Teachers  When,  79  (1) 

Qualifications,  79 

Courses,  79  (2) 
Student  Teachers 

Appointment,  69   (1) 

Appropriation,  70  (5)   (6)   (7),  71  (8) 

Assignment  of,  69  (2) 

Courses,  70  (3) 

Funds,  Payment,  71  (11) 

Nominations,  69  (2) 

Qualifications,  71   (9) 

Terms,  70   (3) 

Transportation,  70   (6)    (7),  71   (8)    (9) 

Vacancies,  71  (12) 
Tuberculosis,  66  (5),  67  (8)   (9)   (10) 

TOWNS  AND  VILLAGES— (See  also  Cities.) 
Admission  to,  49  (2) 
Annexation  of  Territory  to,  49  (4) 


TOWNS  AND  VILLAGES — (Continued  from  preceding  page.) 
Boards  of  Education 
Clerk  of,  50  (11) 

Bond,  51  (16) 

Duties,  51  (15) 

Oath,  51   (16) 
Compensation,  50   (9) 
Corporation,  50  (6) 
Election,  50  (7) 
Meetings,  50  (10) 
Powers,  51   (17),  52  (4)    (5) 
President,  50  (11)   (12) 
Qualifications,  50  (7) 
Reports,  Annual,  47  (1) 
Superintendent,  51   (18) 

Employment,  51  (19) 
Terms,  50  (7) 
Treasurer 

Bond,  51  (14) 

Compensation,  51  (14) 

Duties,  51  (14) 

Moneys,  51  (14) 

Reports,  51   (14) 
Vacancies,  50  (8) 
Vice  President,  50   (11) 

Duties,  51   (13) 
Bonds 

Advertisement,  48   (6) 
Contractor,  47  (4) 
Elections,  47  (4),  48   (5) 
Interest,  48   (9) 
Issuance,  47  (3) 
Levy  for,  48  (8) 
Limitations,  47   (3) 
Payment,  48  (10) 
Power  Concerning,  47  (2) 
Register,  48  (7) 
Sale,  48  (6) 
Creation  of  Schools,  49  (2) 
Sectarianship,  ForWdden,  49  (3) 
Taxation,  Property  Exempt,  50  (5) 

TOWNSITE  LOTS,  54,  55 

TUITION 

Military  Institute,  28  (9) 
Non-Residents,  72  (3) 
School  of  Mines,  26  (10) 
State  Institutions,  17  (14) 

UNIVERSITY  OF  NEW  MEXICO 

Admissions,  Persons  Eligible,  20  (11) 

Appropriations,  21  (15) 

Buildings,  Funds,  18  (4) 

Contracts,  Not  to  Be  Interested,  18  (10) 

Courses,  20  (9) 

Creation,  19  (1)   (2) 

Denominational,  Forbidden,  19  (13) 

Department  of,  20  (9) 

Faculties,  Governing  Body,  20   (10) 

Funds,  Apportionment,  18  (4) 

Disbursement,  18  (3) 
Governor,  Member,  18  (6) 
Lands  of,  21  (14) 
Oath,  Members,  19  (11) 
Officers 

Bonds,  20  (6) 

Election,  20  (6) 

Embezzlement,  18  (2) 
President,  Powers,  20  (7) 
Property,  Holdlnig  of,  19  (12) 
Purposes,  19  (3) 
Records,  Public,  18  (9) 


UNIVERSITY  OF  NEW  MEXICO — (Continued  from  preceding  page.) 
Regents 

Corporation,  19  (5) 

Meetings,  18  (7),  21  (13) 

Powers,  19   (4) 

Residence,  18   (8) 

State  Superintendent,  Member,  18  (6) 

Traveling  Expenses,  17   (1) 
Reports,  Annual,  18  (4) 
Rules  and  Regulations,  20  (8) 
Secretary  and  Treasurer,  Bonds,  20  (6) 

Duties,  20   (7) 
Sectarianship,  Forbidden,  19   (13),  21  (12) 
State  Superintendent,  Member,  18  (6) 
Traveling  Expenses,  17  (1) 

VILLAGES— (See  Towns.) 

VOCATIONAL  AND  INDUSTRIAL  EDUCATION 

Appropriations,  Co-operation,  14  (8) 
Congressional  Act,  Acceptance,  13  (5) 
Co-operation  with  U.  S.,  13  (6) 
Co-operation,  Levy,  14  (9) 
Directors,  Appointment,  13  (1) 

Appropriations,  13   (3) 

Compensation,  13   (2) 

Duties,  13   (1)    (4) 

Traveling  Expenses,  13  (4) 
Funds,  Custody,  13  (7) 

WARRANTS,  37   (17) 

WASHINGTON'S  BIRTHDAY,  78   (2) 


APPROPRIATIONS 

Agricultural  College,  23  (13)   (14) 

Agriculture,  23  (14) 

Agriculture  Extension  Work,  24  (17) 

Co-operative  Agriculture,  23  (14) 

Extension  Work,  24  (17) 

Home  Economics,  24  (16) 
Assistant  State  Superintendent,  12  (2)  (3) 
Blind  Institute,  33   (3) 
Child  Welfare  Service,  14 
Deaf  School,  33  (8) 
Director,  Child  Welfare,  14 
Industrial  Director,  13  (3),  14  (8) 
Mine  School,  27  (15) 
School  of  Mines,  27  (15) 
Spanish-American  Normal,  31   (21) 
State  Board,  7  (5) 
Student  Teachers,  70,  71 
University,  21  (15) 

ARBOR  DAY,  78  (1) 

ASSISTANT  STATE  SUPERINTENDENT 

Appointment,  12  (1) 
Appropriation,  12  (2)   (3) 
Compensation,  12  (1) 
Qualifications,  12  (1) 

ATTENDANCE 

Ages  Required,  72  (1)    (2) 

Blind  Children,  74 

Deaf  Children,  75  (16) 

Employed  Children,  73  (3) 

Employers,  Liability,  73  (8) 

Enforcement,  74  (9) 

Excused,  73  (3) 

Jury  Instruction,  74  (11) 

Mandamus,  73  (7) 

Parents,  Responsibility,  73  (7) 

Part  Time  Classes,  73  (3)   (4)   (5)    (6)   (8) 

Persons  Required  to  Attend,  72  (1)   (2) 

Reports,  74  (11) 

Rights  of,  72  (2) 

BLIND— See  Blind  Institute. 

BLIND  INSTITUTE — (See  also  State  Educational  Institutions.) 
Admission  to,  33  (2) 
Appropriation,  33  (3) 
Attendance,  74 
State  Institution,  33  (1) 

BOARDS  OF  EDUCATION 

See  Cities,  Towns,  County  Boards. 

BONDS — (See  Houses,  Cities,  County  Board.) 

BUILDINGS— (See  Houses.) 
State  Institutions,  18  (4) 

CADETS,  64,  65 

CHILD  WELFARE  SERVICE 

Appropriations,  14   (4) 
Compensation,  14  (2) 
Creation  and  Control,  14  (1) 
Director,  Compensation,  14  (3) 
Director,  Powers,  14   (3) 
Members,  Appointment,  14  (2) 

CITIES 

Admission  to,  49  (2) 
Annexation  of  Territory  to,  49  (4) 
Board  of  Education 
Clerk,  50   (11) 

Bond,  51  (16) 

Duties,  51   (16) 

Oath,  51  (16) 


CITIES — (Continued  from  preceding  page.) 
Board  of  Education 

Compensation,  50  (9) 
Corporation,  50   (6) 
Election,  50  (7) 
Meetings,  50   (10) 
Powers,  51   (17) 
President,  50   (11) 
Duties,  50  (12) 
Qualifications,  50   (7) 
Superintendent,  51  (18) 

Employment,  51   (19) 
Terms,  50  (7) 
Treasurer 

Bond,  51   (14) 
Compensation,  51  (14) 
Duties,  51  (14) 
Moneys,  51  (14) 
Eeports,  51   (14),  47  (1) 
Vacancies,  50   (8) 
Vice  President,  50  (11) 
Duties,  51  (13) 
Bonds 

Advertisement,  48  (6) 
Contractor,  47  (4) 
Elections,  47  (4),  48  (5) 
Interest,  48   (9) 
Issuance,  47  (3) 
Levy  for,  48  (8) 
Limitations,  47   (3) 
Payment,  48  (10) 
Power    Concerning,   47    (2) 
Kegister,  48  (7) 
Sale,  48  (6) 
Creation  of  Schools,  49  (2) 
Sectarianship,  Forbidden,  49  (3) 
Taxation,  Property  Exempt,  50  (5) 

COLLEGE  or  AGRICULTURE— (See  Agricultural  College.) 

COLUMBUS  DAY,  78  (3) 

COMPULSORY  ATTENDANCE— (See  Attendance.) 

CONSOLIDATION 

See  Districts,  35,  36 

CONTROL  or  SCHOOLS— Generally,  63  (10) 
COUNTY  AGENTS,  24,  25 

COUNTY  BOARD  OF  EDUCATION 

Appointment,  54  (2) 

County  Superintendent,  Member,  34  (2) 

Creation,  34  (1) 

Eminent  Domain,  36   (14) 

Flags,  Purchase  of,  37  (20) 

Funds,  Apportionment,  37  (15) 

Payment,  37  (16) 
Grades,  37  (19) 
Higher  Grades,  37  (19) 
Meetings,  35  (4) 
Members,  Compensation,  35  (4) 

Traveling  Expenses,  35   (4) 
Powers,  35  (6),  35  (5) 
President,  34  (2) 

School  Directors,  Agents,  When,  36  (13) 
School  Orders,  37  (18) 
Terms,  34  (2) 
Vice  President,  35  (4) 
Warrants,  37  (17) 

COUNTY  FUNDS,  61,  62 

COUNTY  HIGH  SCHOOLS 

Admission  to,  42  (3) 
Boards,  Power,  42  (5) 


COUNTY  HIGH  SCHOOLS— (Continued  from  preceding  page.) 
Building,  43   (10),  43   (11) 
Control,  42  (4) 
Courses,  42  (6) 
Creation,  42  (1) 

Election  to  Determine  Creation,  42  (2)  , 

Estimates  for  Maintenance,  42  (7) 
Eunds,  Apportionment,  43  (9) 
Levy,  42  (7),  43  (8) 
Management,  42  (4) 
Powers,  42  (5) 

Reports  President  and  Secretary,  43  (9) 
Rules  and  Regulations,  42  (5) 
Site,  43  (10) 
Spanish,  79 

Tax  Levy,  42  (7),  43  (8) 
Teachers,  42  (5) 
Tuition,  42   (3) 

COUNTY  SUPERINTENDENT 
.   Bond,  38  (4) 
Compensation,  38  (5) 

Fund  Payable  and  When,  38  (6) 
County  Board  Memher,  34  (2) 
Directors,  Prosecution,  40  (2) 
Election,  38  (3) 
EligihiUty,  38   (1) 

Meetings  School  Directors,  Attendance,  39  (9) 
Oath,  38  (4) 
Penalty,  40  (1) 
Powers  and  Duties,  38  (7) 
President  County  Board,  34  (2) 
Reports 

School  Attendance,  74  (11) 

Statistical,  39  (12),  41  (3) 

Visiting  Schools,  39   (10) 
Succession,  Forbidden  When,  38  (2) 
Terms,  38  (2)   (3) 
Traveling  Expenses,  39   (11) 
Visiting  Schools,  39  (10) 

CORRESPONDENCE  SCHOOLS 

Business  of,  76  (1) 
Canvassing,  76  (1),  77  (5) 
Permits,  77  (2)  (3) 

COURSES,  62   (2),  63  ' 

COURTS,  INSTRUCTION  ON  EXCEEDING  APPROPRIATIONS,  17   (11) 

CREATION  OF  SCHOOLS,  Generally,  63  (11) 

CREDIT,  LENDING,  54  (7) 

DAY,  63  (7) 

DEAF  AND  DUMB  ASYLUM 
Admission,  33  (6) 
Appropriations,  33  (8) 
Attendance  at  School,  75 
Buildings,  32  (3) 
Creation,  32  (1) 
Lands,  33  (7) 
Name,  32  (2) 
Officers,  32  (3) 
Regents 

Appointment,  32  (3) 

Compensation,  32  (3) 

Powers,  32  (3) 

Report,  32  (3) 

Traveling  Expenses,  32  (3) 
Superintendent,  32  (3) 
Trustees,  32  (4) 

Duties  and  Powers,  33  (5) 


DIRECTORS  (SCHOOL) 

Agent  County  Board,  36  (13) 

Ballots,  40  (2) 

Buildings,  Control  of,  40  (4) 

Canvassing  Returns,  40  (2) 

Census  Enumeration,  Method,  41  (6) 

False  List,  41  (7) 
Chairman,  40  (4) 
Clerk,  40  (4) 

County  Board  Agents,  36  (13) 
County  Superintendent,  Prosecution  "by,  40  (2) 
County  Superintendent,  Report  of  School  Districts,  41   (5) 
Creation,  40  (1) 
Disqualification,  40  (2) 
Election  of,  40  (2) 
Meetings,  40  (4) 
New  Districts,  41  (5) 
Oath,  40  (2) 
Penalty,  40  (2) 
Powers,  40   (4) 
Terms,  40  (2),  40  (3) 
Vacancies,  Notice,  Etc.,  40  (4) 
Voters,  Qualifications,  40  (2) 

DISTRICTS— (See  also  Special  Heads.) 
Changing  Lines,  35  (7) 
Consolidation,  35  (8) 
Inter  Consolidation,  36 

DONATIONS,  53   (3) 

EMBEZZLEMENT,  54  (8) 

EMPLOYERS,  OF  CHILDREN,  73 

ENGLISH,  BRANCHES  TO  BE  TAUGHT  IN,  62  (1) 

EVIDENCE,  ACTS  OF  SUPERINTENDENT,  10   (2) 

EXPERIMENT  STATION,  SEE  AGRICULTURAL  COLLEGE,  Pages  22  and  2',. 

ENGLISH  LANGUAGE,  62  (1) 

FLAG 

Day,  78  (4) 
Displaying,  63  (8) 
Program  for,  11  (11) 
Purchase  of,  37  (20) 

FUNDS 

Appeals,  56  (6) 

Apportioned,  56  (5) 

Bids,  58  (1) 

County  Generally,  61,  62 

County  Levy,  55  (1)    (2) 

Dedication  of  to  Puhlic  Purposes,  58  (3) 

District  Levy,  56  (4) 

District,  Estimates,  56  (3) 

Expenditure,  Limited,  58  (1)   (2) 

High  Schools,  Non  Application,  57  (7) 

Levy,  County,  55  (1)    (2) 

Pecuniary  Gain  From,  58  (5) 

Reports  Concerning,  58  (4) 

State  Current  School  Fund,  Levy,  55  (1) 

State,  GeneraUy,  59,  60,  61 

GIFTS— CONSERVATION  OF,  53   (3) 

GOVERNOR 

Boards,  Memher,  7  (3),  18  (6) 

HIGH  SCHOOLS— (See  County  High  Schools.^ 

HISTORY,  63   (9) 

HOLIDAYS 

Arhor  Day,  78  (1) 
Columbus  Day,  78  (3) 
Flag  Day,  78  (4) 
Lincoln  Day,  78  (4) 
Washington's  Birthday,  78   (2) 


HOUSES 

Bids  for  Construction,  46  (15) 
Bonds 

Assessment  Information,  45   (10) 

Boundaries,  District,  45  (9) 

Election,  45  (8)    (11),  46  (12) 

Issuance,  44  (7),  45  (8) 

Sale,  45  (8) 
Construction,  Bids,  46  (15) 
Funds,  Created,  46  (13) 
Insurance,  53  (4)   (5) 
Location  of,  44  (1) 
Money,  Borrowing,  44  (5) 
.    Use,  44  (2) 

INDUSTRIAL  EDUCATION— (See  Vocational  Education.) 

INSPECTION,  MILITARY  INSTITUTE,  28  (13) 

INSURANCE,  53  (4)    (5) 

KINDERGARTEN  TRAINING,  31  (14) 

LANDS 

Agricultural  College,  23   (12) 

Deaf  School,  33  (7) 

Lease  of  Generally,  16  (3)   (4) 

Military  Institute,  28'  (6)   (8) 

Mines,  School  of,  27  (14) 

Normals,  30  (6) 

Spanish  American  Normal  School,  31 

University,  21   (14) 

LAWS 

Appropriation,  10  (6) 
Compiling,  11   (12)    (13) 
Distributin^g,  12  (14) 
Printing,  11   (11) 

LINCOLN  DAY,  78  (4) 

LOTS,  TOWNSITE,  54,  55 

MAINTENANCE,  STATE  AID,  44  (3),  44  (4) 

MANDAMUS,  ATTENDANCE,  73  (7) 

MANUAL  TRAINING,  NORMAL  UNIVERSITY,  31    (14) 

MILITARY  INSTITUTE— (See  also  State  Institutions.) 
Appropriations,  29  (15) 
Commissions  for  Cadets,  28  (14) 
Deeds,  Execution,  28  (7) 
Governor's  Staff,  28  (10) 
Inspection,  28  (13) 
Lands,  28  (8) 

Ordnance  and  Stores,  28  (12) 
President,  27  (3) 
Purposes,  27  (4) 
Regents,  Compensation,  27  (2) 

Powers,  27  (5) 
Secretary  and  Treasurer,  27  (3) 
State  Institution,  27  (1) 
Stores,  Custody,  Etc.,  28  (12) 
Student  Companies,  Etc.,  28  (11) 
Tuition,  28  (9) 

MINES— (See  School  of  Mines.) 

MONEY,  BORROWING,  44  (5) 

MONTH,  63  (7) 

MUNICIPAL  SCHOOLS 

See  Cities 
Towns 
Villages 


NATIONAL  GUARD— (See  Cadets,  64,  66,  and  Military  Institute.) 

NIGHT  SCHOOLS 

Creation,  76  (1) 
Instructors,  76  (2)  (4) 

Compensation,  76  (2)    (4) 
Sessions,  76   (3) 

NORMAL  SCHOOL — (See  Normal  University,  29,  also  Spanish  American  Normal  School.) 

NORMAL  UNIVERSITY 

Admission,  30  (10) 

Appropriations,  30    (8) 

Kindergarten  Training  School,  31   (14) 

Lands,  30   (6) 

Manual  Training,  31   (14) 

Officers,  Appointment  and  Terms,  29  (3) 

President,  29  (4),  30  (11) 

Regents 

Compensation,  30  (12) 

Meetings,  29  (5) 

Powers,  29  (3),  30  (10) 

Student  Teachers,  30  (13) 
Secretary  and  Treasurer,  30  (11),  29  (4) 

Compensation,  30  (12) 
Sectarianship,  Porbidden,  31   (15) 
State  School,  29   (1)    (2) 
Student  Teachers,  Railroad  Fare,  30  (13) 
Superintendent,  30   (10) 
Tuition,  30  (10) 

OFFICERS,   STATE  INSTITUTIONS 

Embezzlement,  18  (2) 
Removal,  17  (13) 

OPINIONS,  STATE  SUPERINTENDENT,  10   (7) 

PARENTS,  SCHOOL  ATTENDANCE  LIABILITY,  73. 

PART  TIME  SCHOOL  AND  CLASSES,  73 

PROPERTY 
Sale,  53  (6) 
Taxation,  53   (2) 

POLL  TAX 

Amount,  57  (8) 

Clerks,  Duties,  57  (8) 

Exemption  from,  57  (10) 

Levy,  57  (8) 

List,  Posting,  57  (9) 

Persons  Liable  to,  57  (8)   (10) 

Report,  57  (9) 

RECORDS,  STATE  INSTITUTIONS  PUBLIC,  IS  (9) 

REPORTS 

County  Superintendent,  39  (10),  39  (12),  41  (5) 

Financial,  58  (4) 

School  Attendance,  74  (11) 

State  Institutions,  18  (4) 

State  Superintendent,  12  (15) 

RURAL    SCHOOLS — (See    Houses,    County    Boards,    County    Superintendent    and    Specific 
Subjects.) 

SCHOOL  CADETS,  64,  65 

SCHOOL  HOUSES— (See  Houses.) 

SCHOOL  OF  MINES — (See  also  State  Educational  Institutions) 
Appropriations,  27  (15) 
Assays,  Compensations,  26  (11) 
Degrees,  26  (8) 
Employes,  Removal,  26   (9) 
Faculties,  26  (7) 
Lands,  27  (14) 
Objects,  25  (1) 

Officers,  Appointment,  Etc.,  26  (3) 
Removal,  26  (9) 


SCHOOL  OF  MINES — (Continued  from  preceding  page.) 
Preparatory  Department,  27  (13) 
Regents,  I>owers,  Etc.,  25  (2),  26  (6) 
Secretary  and  Treasurer,  Bond,  26  (3) 

Duties,  26  (4) 
State  School,  27  (12) 
Studies,  25  (1) 
Tuition,  26  (10) 

SECTARIANISM 

Forbidden,  19  (13),  21  (1),  21  (12),  31  (15) 

SPANISH 

Courses,  79, 
Teachers,  79  (1) 

SPANISH  AMERICAN  NORMAL  SCHOOL,  31 

STATE  AID,  44  (3)    (4) 

STATE  BOARD  OF  EDUCATION 

Appropriations,  7  (5) 
Business  Colleges,  9  (12) 
Compensation  Members,  7  (4) 
Creation,  7  (1) 
Domestic  Science,  9  (13) 
Governor,  President,  7  (3) 
Industrial  Education,  9  (13) 
Manual  Training,  9  (13) 
Meetings,  7  (3) 
Members 

Personnel,  7  (1) 

State  Superintendent,  7  (1) 

Terms,  7  (2) 
Personnel,  7  (1) 
Powers,  8  (6),  9  (11) 
Secretary,  11  (8) 
Spanish  Courses,  79 
State  Superintendent  a  Member,  7(1) 
Teachers'  Certificates,  8  (7)    (8)    (10) 
Teachers'  Institutes,  8  (6)   (7) 
Terms,  7  (2) 
Text  Books,  Power  Concerning,  9  (11) 

STATE  EDUCATIONAL  INSTITUTIONS— (See  also  Specific  Heads.) 
Accounts,  16  (5)    (6) 

Admission,  Standard  of  Requirements,  17  (12) 
Appropriations,  Exceeding,  17  (10) 
Contracts,  17   (9) 
Control,  (proposed),  15  (1) 

Courts,  Instruction  for  Exceeding  Appropriations,  17  (11) 
Eminent  Domain,  15  (2) 
Expenditures,  16  (8) 
Financial  Statements,  16   (7) 
Food  and  Clothinjg,  17  (9) 
Indebtedness,  Limit,  16  (8) 
Lands,  Lease  or  Sale,  16  (3)   (4) 
Officers,  Removal,  17  (13) 
Penalty,  Exceeding  Appropriations,  17  (10) 
Receipts,  16  (5) 
Statements,  Financial,  16  (7) 
Tuition,  17  (14) 
Warrants,  16  (5) 

STATE  FUNDS,  GENERALLY,  59,  60,  61 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

Appropriations,  10  (6) 

Blanks,  Furnishing,  11  (11) 

Certifying  Acta,  10  (2) 

Compensation,  10  (4) 

Creation  of  Office,  9(1) 

Duties,  10  (7) 

Flag,  Program  of  Salute,  11  (11) 

Forms,  Furnishing,  11  (11) 

Laws,  School,  11  (11),  11  (12),  11  (13),  12  (14) 


STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— (Cont.  from  preceding  page.) 
Opinions  of,  10   (7) 
Patriotic  Exercises,,  11  (11) 
Permits  to  Teach,  11  (10) 
Powers,  10  (7) 
Property,  Delivery,  10  (2) 
QuaUfications,  10  (3) 
Reports,  Annual,  12  (15) 
Residence,  9  (1),  10  (2) 
School  Attendance — (See  Attendance.) 
School  Laws,  Compilation,  11   (12) 

Distributing,  12   (14) 

Payment,  11  (13) 

Printing,  11  (11) 
State  Board 

Member,  7   (1) 

Secretary,  11  (8) 
State  Institution  Boards 

Member,  18  (6) 
Term  of  Office,  9  (1) 

STUDENT  TEACHERS— (See  Teachers.) 

SUBJECTS,  ENGLISH 

SUPERINTENDENT— (See  County  Superintendent,  State  Superintendent.) 

TAXATION— (See  also  Poll  Tax.) 
County  Levy,  55  (1)    (2) 
Current  School  Fund,  55  (1) 
District  Estimates,  56   (3) 
District  Levy,  56  (4) 
Estimates,  56  (3) 
Levy,  County,  55   (1)    (2) 
State  Current,  55   (1) 
School  Property,  Exempt,  53  (1) 
State  Current  Levy,  55  (1) 

TEACHERS 

Alcohol,  66   (3) 
Certificate,  8  (7)  (8)  (10) 
Compensation 

Payment,  68  (12)    (13) 

Second  Grade,  67  (11) 

Third  Grade,  67  (11) 
County  High  Schools,  42  (5) 
Health,  Appeal  from  Physician,  67  (8) 

Certificates,  66,  67 
History,  66  (2),  68  (14) 
Institute,  8'  (6)   (7) 
Kindergarten  Training,  31  (14) 
Narcotics,  66  (3) 
Permits,  11  (10) 
Physics,  66  (2) 
QuaUfications,  66,  67,  79 
Spanish 

Teachers  When,  79  (1) 

Qualifications,  79 

Courses,  79  (2) 
Student  Teachers 

Appointment,  69   (1) 

Appropriation,  70  (5)   (6)    (7),  71  (8) 

Assignment  of,  69   (2) 

Courses,  70  (3) 

Funds,  Payment,  71  (11) 

Nominations,  69  (2) 

Qualifications,  71   (9) 

Terms,  70   (3) 

Transportation,  70    (6)    (7),  71   (8)    (9)  , 

Vacancies,  71   (12) 
Tuberculosis,  66  (5),  67  (8)   (9)   (10) 

TOWNS  AND  VILLAGES— (See  also  Cities.) 
Admission  to,  49  (2) 
Annexation  of  Territory  to,  49  (4) 


TOWNS  AND  VHiLAGES— (Continued  from  preceding  page.) 
Boards  of  Education 
Clerk  of,  50  (11) 
Bond,  51  (16) 
Duties,  51  (15) 
Oath,  51   (16) 
Compensation,  50   (9) 
Corporation,  50  (6) 
Election,  50  (7) 
Meetings,  50  (10) 
Powers,  51  (17),  52  (4)   (5) 
President,  50  (11)   (12) 
Qualifications,  50  (7) 
Eeports,  Annual,  47  (1) 
Superintendent,  51   (18) 

Employment,  51  (19) 
Terms,  50  (7) 
Treasurer 

Bond,  51  (14) 
Compensation,  51  (14) 
Duties,  51  (14) 
Moneys,  51  (14) 
Reports,  51   (14) 
Vacancies,  50  (8) 
Vice  President,  50   (11) 
Duties,  51   (13) 
Bonds 

Advertisement,  48   (6) 
Contractor,  47  (4) 
Elections,  47  (4),  48   (5) 
Interest,  48  (9) 
Issuance,  47  (3) 
Levy  for,  48  (8) 
Limitations,  47   (3) 
Payment,  48  (10) 
Power  Concerning,  47  (2) 
Register,  48  (7) 
Sale,  48  (6) 
Creation  of  Schools,  49  (2) 
Sectarianship,  Tor'bidden,  49  (3) 
Taxation,  Property  Exempt,  50  (5) 

TOWNSITE  LOTS,  54,  55 

TUITION 

Military  Institute,  28  (9) 
Non-Residents,  72  (3) 
School  of  Mines,  26  (10) 
State  Institutions,  17  (14) 

UNIVERSITY  or  NEW  MEXICO 

Admissions,  Persons  Eligible,  20  (11) 

Appropriations,  21  (15) 

Buildings,  ^unds,  18  (4) 

Contracts,  Not  to  Be  Interested,  18  (10) 

Courses,  20  K9) 

Creation,  19^(1)   (2) 

Denominational,  Forhidden,  19  (13) 

Department  of,  20  (9) 

Faculties^.  Governing  Body,  20   (10) 

Funds,  Apportionment,  18  (4) 

Disbursement,  IS  (3) 
Governor,  Member,  18  (6) 
Lands  of,  21  (14) 
Oath,  Members,  19  (11) 
Officers 

Bonds,  20  (6) 

Election,  20  (6) 

Embezzlement,  18   (2) 
President,  Powers,  20  (7) 
Property,  Holdinig  of,  19  (12) 
Purposes,  19  (3) 
Records,  Public,  18  (9) 


UNIVERSITY  OF  NEW  MEXICO— (Continued  from  preceding  page.) 
Regents 

Corporation,  19  (5) 

Meetings,  18  (7),  21  (13) 

Powers,  19   (4) 

Residence,  18   (8) 

State  Superintendent,  Member,  18   (6) 

Traveling  Expenses,  17   (1) 
Reports,  Annual,  18  (4) 
Rules  and  Regulations,  20  (8) 
Secretary  and  Treasurer,  Bonds,  20  (6) 

Duties,  20   (7) 
SectariansMp,  Forbidden,  19   (13),  21  (12) 
State  Superintendent,  Member,  18  (6) 
Traveling  Expenses,  17  (1)  ^ 

VILLAGES— (See  Towns.) 

VOCATIONAL  AND  INDUSTRIAL  EDUCATION 

Appropriations,  Co-operation,  14  (8) 
Congressional  Act,  Acceptance,  13  (5) 
Co-operation  with  U.  S.,  13  (6) 
Co-operation,  Levy,  14  (9) 
Directors,  Appointment,  13  (1) 

Appropriations,  13  (3) 

Compensation,  13  (2) 

Duties,  13   (1)    (4) 

Traveling  Expenses,  13  (4) 
Funds,  Custody,  13  (7) 

WARRANTS,  37   (17) 

WASHINGTON'S  BIRTHDAY,  78   (2) 


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